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Federal Pay Equity Update

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

The new German Works Council Modernization Act

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

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: Exclusion clauses put to the test

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

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?

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

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?

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

Budget – Immigration Proposals

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

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

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

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

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!

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

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

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

Management and foreign languages: Communication with the works council

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

Professional Cyclist held not to be an employee or a worker

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
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