The Dutch government recently decided to extend paternity leave arrangements for fathers. This gives the father the opportunity to spend a full working week with his child, which (according to a study by the OECD) would increase his involvement in the raising and care of the child. It is important for employers to be prepared
Intra-group mobility: don’t forget non-competition clauses
The legal context
In the context of intra-group mobility, it is common practice to transfer an employment contract from one company to another one within the same group. Usually, this transfer consists in the termination by mutual agreement between the employee and his/her initial employer followed by the conclusion of a new employment agreement with
Incapacity to work in a shift system
This post was contributed by Moritz Kunz, Of counsel, Norton Rose Fulbright LLP (Frankfurt a.M.) and Thomas Olbrich, Trainee, Norton Rose Fulbright LLP (Frankfurt a.M.)
Shiftwork is considered a necessity in many job sectors and industries. The healthcare sector in particular requires a functioning shift system to guarantee optimum and consistent clinical care of
EEOC takes aim at CVS, examining common separation agreements
In what appears to be a test case by the EEOC, CVS Pharmacy is facing a surprising attack on its use of a standard separation agreement. Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 1:14-CV-863 (N.D. Ill.).
The EEOC’s complaint—filed on February 7, 2014, in the Northern District of Illinois—accuses CVS of engaging
What about non-compete compensation payments in case of the employer’s insolvency?
In reference to a previous post, entitled “Limits on non-compete and non-solicitation clauses under German law” by Bettina Goletz, we have been asked about non-compete compensation payments in case of the employer’s insolvency. This post will address whether the employee is entitled to compensation payments under a post-contractual non-compete clause in the situation where the
We filter: Crafting An affirmative defense to sexual harassment?
Many employers have implemented policies and procedures to protect employees from harassment in the electronic work space in an effort to limit liability.
EEOC statistics suggest that claims of unlawful harassment through electronic communications, including emails, pornographic websites, and sexual comments on social media and blogs make up an increasing percentage of sexual harassment charges
Suncor Arbitration Award Delivers a Blow to Employers
Random alcohol and drug testing in a unionized workplace is now even more of a gamble for employers in the wake of an Alberta arbitration board’s decision.
The award, released March 25, 2014, found that Suncor Energy Inc.’s random alcohol and drug testing policy was an unreasonable exercise of its management rights.
In May
Annual bonus payments in Germany
This post was contributed by Moritz Kunz, Of counsel, Norton Rose Fulbright LLP (Frankfurt a.M.) and Thomas Olbrich, Trainee, Norton Rose Fulbright LLP (Frankfurt a.M.)
Many companies provide their employees with annual bonus payments to that are subject to the terms and conditions of the employment contract, company bonus schemes and/or agreements with
US Department of Labor to Review FLSA Overtime Exemptions
The Obama Administration has recently become more active in controlling the debate on exemptions to the US Fair Labor Standards Act overtime requirements.
In addition to prioritizing the federal minimum wage during the president’s second term, the Obama Administration has also asked the US Department of Labor to examine existing exemptions to laws that otherwise
Is final discharge really final?
Introduction
When an employer and an employee come to an agreement regarding the termination of an employment contract, the terms and conditions of such termination will be laid down in a settlement agreement. According to section 7:900 Civil Code, a settlement agreement seeks to conclude or prevent any uncertainty or dispute.
To prevent parties from