Tag archives: employer

Reduction in work considerations for New York employers during the COVID-19 pandemic

It has been nearly one month since the “New York on PAUSE” Order was implemented to combat the effects of the COVID-19 pandemic.  Yesterday, Governor Cuomo announced that the Order will be extended until May 15, 2020, requiring non-essential businesses across New York to remain closed for at least an additional month.  With these ongoing restrictions, employers continue to navigate the evolving legal landscape with the understanding that business interruptions may not be as temporary as initially anticipated.  To stay afloat amidst these disruptions, companies may have to make difficult business decisions, including implementing layoffs, furloughs, and pay reductions for … Continue Reading

The #MeToo Movement: When Employees Take Their Complaints to Social Media

As we are all aware, the news has been populated with stories concerning allegations of sexual harassment and misconduct, particularly in the entertainment and media industries as well as government institutions. These stories have contributed to the “#MeToo” movement, which originated on Twitter and other social media websites in late 2017 and has since become a widespread message on social media encouraging individuals to share their stories and speak out against sexual harassment and abuse. But while its purposes are laudable, the #MeToo movement is a touchy subject for employers, who ever-more-frequently find themselves accused of sexual harassment or other … Continue Reading

Post-Election 2016 Briefing: Likely Amendments to the Fair Work Act

Prime Minister Malcolm Turnbull has claimed victory in the federal election, as the Coalition achieved the slim majority in Australia’s federal parliament.

We briefly outline the likely key amendments to the Fair Work Act, as promised by the Coalition Government prior to the election, and other possible amendments to the workplace relations legislative framework.… Continue Reading

The CFO of a parent company can validly dismiss employees of a subsidiary

French employment law mandates that it is the employer itself who must notify employees of their dismissal. In this context, and for obvious practical reasons, the employer is entitled to delegate the authority to sign the dismissal letter to another person. However, even though case law has long admitted that in certain situations the dismissal procedure can be conducted by persons who are not on the company’s payroll (for example the HR director of the parent company of the employing entity), it is generally considered that the beneficiaries of such delegation of authority to sign the dismissal letter must belong … Continue Reading

Passive smoking: Employees can claim damages

Legal context

French employment law imposes a duty of care on the employer requiring it to ensure that the health and safety of its employees is not impacted as a result of their work. Such duty is interpreted very broadly by the courts, which only allow employers to escape liability in very limited circumstances such as force majeure.

In addition to this general duty, the legislation also obliges employers to enforce a smoking-free working environment as part of the public policy against smoking.

In this legal background, what happens when an employee claims damages as a result of his/her Continue Reading

The inclusion of profit in the definition of Business. Comparison of the New Labor Law and the abrogated Organic Labor Law

This post was -written by Valentina Albarran, Associate, Norton Rose Fulbright (Caracas)

The abrogated Organic Labor Law (“OLL”) defined Company and Business as follows: “Article 16: For the purposes of the Labor legislation, a Company is a business unit created for the production of goods or services in order to perform an economic activity and obtain a profit”.

In the other hand, the New Labor Law (“NLL”) gives the following definition: “Article 45: For the purposes of this law an entity of work is: a company or unit of production of goods or services made to perform an economic … Continue Reading

Venezuela’s minimum wage increase to be implemented by employers

Venezuela’s minimum salary for the day shift is Bs. 2,702.73 as of September 1, 2013, which represents the 10% increase established in Article 1 b) of the Minimum Wage Decree Nº 30 (Decree).

This Decree came into effect on April 30, 2013 and its general implications were commented by Juan Carlos Pró-Rísquez, Esther Cecilia ”Kelly” Blondet and Norah Chafardet Grimaldi in their article Minimum salary increase in Venezuela, which also outlined minimum salary rates for public and private sector workers as well as adolescents and apprentices.

Current minimum part-time salary

Articles 6 of the Decree and 172 of … Continue Reading

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