Topic: General

Federal Pay Equity Update

By Jordan Kirkness on October 15, 2021 Posted in Canada, General, North America

We would like to remind federally-regulated employers that they are generally required to post a notice informing their employees of their obligations under the Pay Equity Act by November 1, 2021. The government has published a template notice and guidance here. Key things to keep in mind include: Employers can draft their own notice or … Continue reading

UK Government respond to consultation on tipping.

By Amanda Sanders (UK) on October 14, 2021 Posted in Contracts, General, UK

On the 24th September the government published a response on its consultation on how to ensure the protection of tips received by workers and employees in the hospitality, leisure and service sectors. Currently, there are no rules for what proportion of a tip earned by a worker should actually be paid to the worker. Instead … Continue reading

Temporary Visa route announced by UK Government

By Aida Geragusian on September 28, 2021 Posted in Europe, General, UK

The UK Home Office announced over the weekend that it will be introducing a visa route (amongst implementing other measures) to help ease the current shortage of HGV drivers. With full details yet to be confirmed, the announcement indicates that up to 5,000 HGV drivers (together with up to 5,500 poultry workers) will be able … Continue reading

The new German Works Council Modernization Act

By Frank Weberndörfer and Claudia Posluschny on September 21, 2021 Posted in Europe, General, Germany

The “Act to Promote Works Council Elections and Works Council Activities in a Digital Working World” (Betriebsrätemodernisierungsgesetz – Works Council Modernization Act) came into force on June 18, 2021. The Act is intended to facilitate the activities of works councils and to strengthen the co-determination rights of works councils with regard to the use of … Continue reading

New Immigration Routes in New Innovation Strategy

By Charlotte Emmerson on August 4, 2021 Posted in General, UK

On 22 July, the UK Government published a UK Innovation Strategy which sets out the government’s vision to make the UK a global hub for innovation by 2035. As part of this strategy, the UK intends to make the UK the most exciting place for innovation and talent. This means introducing new visa routes and … Continue reading

Germany: Relief for COVID-19 occupational health and safety

By Frank Weberndörfer and Claudia Posluschny on July 1, 2021 Posted in Europe, General, Germany

Declining infection figures and progress in the COVID-19 vaccination programme has prompted the German Federal Government to adapt the “SARS-CoV-2 Occupational Health and Safety Ordinance” (Corona-ArbSchV) (the Ordinance). The new regulations will come into force on July 1, 2021.… Continue reading

Germany: Exclusion clauses put to the test

By Frank Weberndörfer and Jörn Twisselmann on June 24, 2021 Posted in Contracts, Europe, General, Germany

Regularly agreed in employment contracts, exclusion clauses shorten the statutory limitation period for claims arising in the employment relationship and ensure certainty between employer and employee especially with regards to claims that are years old. In a remarkable decision the German Federal Labour Court (BAG, 26.11.2020 – ref. 8 AZR 58/20) has fundamentally changed the … Continue reading

SafeWork NSW approves Code of Practice on managing psychosocial hazards

By Katherine Morris, Melissa Carnell and Brittany Tyne on June 10, 2021 Posted in Asia Pacific, Australia, General

SafeWork NSW has approved Australia’s first Work Health and Safety (WHS) Code of Practice on managing psychosocial hazards at work (the Code). The Code took effect on 28 May 2021. The WHS Act provides that an approved code of practice is admissible in Court proceedings as evidence of whether or not a duty or obligation … Continue reading

Is the failure to enhance shared parental leave pay discriminatory when adoption leave pay is enhanced?

By Charlotte Emmerson on June 2, 2021 Posted in Contracts, General, UK

In the case of Price v Powys County Council, the Employment Appeal Tribunal have upheld the tribunal’s decision that there is no sex discrimination where an employer pays a man on shared parental leave less than a woman on adoption leave. In the UK, Shared Parental Leave (SPL) provides flexibility for parents to take leave … Continue reading

US: OSHA Notices HazCom Hearing

By Kevin Mayer (US) on May 20, 2021 Posted in General, North America, United States

We reported previously on federal OSHA’s efforts to revise and update various provisions of the Hazard Communication Standard in order to pursue greater workplace safety. On May 20, 2021, OSHA announced an informal public hearing commencing on September 21, 2021 for the purpose of entertaining stakeholder comments and recommendations. For more information, please see this … Continue reading

Who bears the investigation costs for compliance violations?

By Frank Weberndörfer and Claudia Posluschny on May 17, 2021 Posted in Europe, General, Germany

Carrying out investigations to determine violations of compliance rules can cause considerable costs for companies. In a recent decision, the German Federal Labor Court (BAG, 29.4.2021 – ref. 8 AZR 276/20) has now clarified the circumstances in which an employee must bear the costs of investigations in connection with allegations of breach of compliance rules … Continue reading

UK Home Office announces further changes to immigration routes

By Aida Geragusian on March 9, 2021 Posted in General, UK

Last week the Home Office published a series of changes to the Immigration Rules, many of which will take effect on 6 April 2021. Graduate Route In welcome news to many UK employers, the Home Office is introducing a new Graduate route into the UK (under a new section in the rules, called Appendix Graduate). … Continue reading

Budget – Immigration Proposals

By Lauren Pullen-Stanley (UK) on March 4, 2021 Posted in General, UK

In addition to the measures referred to in the Budget which are aimed at addressing the immediate challenges of COVID-19 and putting the UK’s public finances on a sustainable footing in the medium term, the Government stated in the Budget that it recognised the importance of creating the conditions for an investment-led recovery driven by … Continue reading

US: Latest California Labor & Employment Developments from January 2021

By Josh Henderson (US) on January 29, 2021 Posted in Coronavirus, General, North America, United States

This past month saw the inauguration of President Biden, who promptly took steps that will have an immediate impact on California employers. Plus, new COVID-related laws took effect, some expired (but may be re-enacted), and a federal appeals court eased the meal/rest break burden on the transportation industry. For a brief summary of these an … Continue reading

Collective Redundancies: 90 day rolling reference period

By Charlotte Emmerson on January 27, 2021 Posted in General, UK

The Collective Redundancies Directive (98/59/EC) (the Directive) sets out consultation requirements for employers where a set number of redundancies are contemplated within a specified time frame, being either 30 or 90 days depending on the member state concerned. In the UK, the Directive is implemented through the Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading

The EU- UK Trade and Cooperation Agreement – implications for employment and immigration

By Amanda Sanders (UK) on January 6, 2021 Posted in Europe, General, UK

On 31 December the UK parliament implemented the European Union (Future Relationship) Act 2020. This makes provision to implement into UK law the three main future relationship agreements with the EU including the EU Trade and Cooperation Agreement (TCA). What does the TCA mean for employment and immigration law? Employment A significant portion of UK … Continue reading

L’accord national interprofessionnel du 26 novembre 2020 : « soft law » à la française

By Elodie Grangier on December 30, 2020 Posted in Contracts, Coronavirus, Europe, France, General

Le télétravail s’est largement développé en France au fil des années, et naturellement, ce mode de travail a été particulièrement utilisé, bon gré mal gré, par les entreprises au cours de l’année 2020, à la faveur de la crise sanitaire, et des recommandations (plus ou moins liantes) du Gouvernement. Les bases du télétravail ont été … Continue reading

The Financial compensation for a non-compete provision can be invalid if too high says the French Supreme Court!

By Laure Joncour on December 7, 2020 Posted in Contracts, Europe, France, General

In France, the rules governing post-termination, non-compete and/or non-solicitation clauses in employment contracts have been established through case law. Restrictive covenants in an employment contract are only considered enforceable by French courts if they meet the following criteria (which are cumulative) : – They do not extend beyond what is reasonably necessary to protect the … Continue reading

Sick leave under German employment law: Termination, medical certificates by phone and latest topics

By Frank Weberndörfer on November 3, 2020 Posted in Coronavirus, Europe, General, Germany

Termination in case of the threat of taking sick leave Employees who respond to an instruction by their employer with the threat of taking sick leave can be dismissed without notice. It is irrelevant whether the employee actually falls ill later or whether the instruction by the employer was unlawful. In a recent decision, the … Continue reading

Mise à jour sur les lignes directrices des Cours fédérales sur la COVID-19

By Jordana Sanft, Allyson Whyte Nowak, Judith Robinson and Brian R. Daley on September 22, 2020 Posted in Canada, Coronavirus, General

La Cour d’appel fédérale (CAF) a fourni une mise à jour sur les lignes directrices concernant la reprise des audiences débutant le 1er septembre 2020 et a clarifié l’effet de la Loi sur les délais et autres périodes (COVID-19) fédérale concernant les délais quant au commencement et à la conduite des litiges à la CAF. Tant … Continue reading

Victoria’s new minimum standards for compliance with the positive duty of employers to eliminate sexual harassment in the workplace

By Helene Lee and Allana Smith on August 24, 2020 Posted in Australia, General

In August 2020, the Victorian Equal Opportunity & Human Rights Commission released its new and updated guideline for complying with the Equal Opportunity Act 2010 (Vic) (Equal Opportunity Act): Preventing and responding to workplace sexual harassment (Guideline).… Continue reading

Management and foreign languages: Communication with the works council

By Frank Weberndörfer on August 19, 2020 Posted in Europe, General, Germany

Managers of international companies are often confronted with the problem of having to communicate with their employees and the works council in a foreign language that they do not fully master. This can easily lead to conflicts. In a recent decision in June, the Nuremberg Regional Labor Court (ref. 1 TaBV 33/19) has now clarified the scope. The … Continue reading

Transfer of undertaking to multiple transferees

By Amanda Sanders (UK) on August 4, 2020 Posted in Contracts, General, UK

In a recent case, the European Court of Justice (ECJ) has considered what happens to the employment contract of a transferring worker where there is a transfer of an undertaking to multiple transferees. The ECJ held that the contract should be split in proportion to the tasks performed by the worker of the time devoted … Continue reading

Professional Cyclist held not to be an employee or a worker

By Amanda Sanders (UK) on July 17, 2020 Posted in Contracts, General, UK

The EAT has held that an employment tribunal was entitled to conclude that a professional cyclist was not an employee or a worker of the British Cycling Federation. In Varnish v British Cycling Federation (t/a British Cycling) the claimant had commenced proceedings before an employment tribunal claiming, amongst others, unfair dismissal and discrimination. The preliminary … Continue reading