Tag archives: employment law

Employés qui s’absentent en raison de la pandémie : le gouvernement du Québec adopte des protections additionnelles

Le 9 septembre dernier, le gouvernement du Québec a adopté le nouveau décret 943-2020 (le Décret), lequel, comme l’a confirmé le ministre du Travail, de l’Emploi et de la Solidarité sociale dans une annonce gouvernementale communiquée à cet égard le même jour, vise notamment à protéger le lien d’emploi des employés devant s’absenter du travail en raison de la COVID-19.

Plus précisément, les nouvelles mesures interdisent à un employeur d’imposer toute sanction ou encore d’exercer des mesures discriminatoires ou des représailles à l’endroit d’un employé, et ce, au motif qu’il s’absente du travail et que cette absence découle du … Continue Reading

Employment law under COVID-19 lockdown: 10 things to know

The government enforced 21 day lockdown raises many issues relating to employee rights, including concerns around whether leave (for workers who cannot work from home) will be paid or unpaid, whether UIF (Unemployment Insurance Fund) applies and what the rights of essential workers are.

Here are ten things to know about employment law during the COVID-19 lockdown.

  1. If employees are able to work from home, they should do so.
  2. If employees cannot work from home, employers can request that staff take their annual paid leave during this time. The Basic Conditions of Employment Act allows an employer to determine when
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More uncertainty follows the Italian Constitutional Court’s partial repeal of the Jobs Act

Thanks to the passage of the Dignity Decree by the Italian Parliament last summer and the recent decision of Italy’s Constitutional Court, the employment law regime in Italy has changed direction. The problem is that the direction it has taken is uncertain, creating concern both for employers and employees. The current situation is that parts of the Jobs Act – the major employment law reform in Italy that came into force in 2014/2015 –  have been struck down either by the new legislation or by the court decision and in certain areas a legal vacuum has been created. To fill … Continue Reading

New York State issues final guidance on anti-sexual harassment law and delays mandatory annual training deadline

In September 2018, we reported on New York State’s issuance of draft guidance under the recently enacted New York State law aimed at preventing sexual harassment.  New York State has now issued final guidance under this law.  This includes final guidance regarding:

  • The anti-sexual harassment policy that every New York State employer (regardless of size and including those who employ only domestic and household employees) must adopt by October 9, 2018; and
  • The mandatory interactive anti-sexual harassment training that every New York State employer is required to conduct for all employees annually.

Final Guidance Delays Deadline to Conduct First Annual

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DOL issues new opinions on FMLA and FLSA

Key opinion letter allows FMLA leave for voluntary organ donation

Earlier this week, the U.S. Department of Labor (“DOL”) issued six advisory opinion letters on various Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”) issues.  From time to time, opinion letters such as these are issued to provide legal guidance to employers.

The DOL opinion letter likely to be of most interest to US companies is the one that addressed whether an employee in good health who voluntarily chooses to undergo organ donation surgery could use FMLA leave for post-operative care.  See FMLA2018-2-A. The DOL … Continue Reading

New York State issues draft guidance on anti-sexual harassment policy and training requirements

In April 2018, we reported on New York State’s enactment of a new law aimed at preventing sexual harassment. We summarized this new law in detail in our legal update, New York employers should get ready to comply with New York State’s new sexual harassment prevention laws, and our Global Workplace Insider article, New York State’s new sexual harassment prevention laws will require action by all New York employers.  Under this law, New York State employers will need to comply with the following new requirements, among others:

  • By October 9, 2018, every New York State employer (regardless of
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New York City employers take note: New anti-sexual harassment laws enacted

On May 9, 2018, New York City enacted a number of laws addressing sexual harassment in the workplace.  The laws are summarized below.  New York City employers who do not yet have anti-harassment and anti-retaliation policies in place should promptly begin the process for adopting them.  New York City employers should also begin to make arrangements for providing their employees with anti-harassment training (upon hire and annually thereafter).  Such training is now required under both New York State and New York City law.  New York State’s law, which was also recently enacted, will become effective first.  For a brief discussion … Continue Reading

New York City expansion of sick time law to cover “safe time” goes into effect on May 5, 2018; action required for New York City employers

New York City has recently adopted amendments to the New York City sick time law.  These amendments, which go into effect on May 5, 2018, will require action by New York City employers.

Background on New York City’s sick time law

Since April 1, 2014, all New York City employers have been required to provide sick time to their employees.  Whether such sick time is paid or unpaid depends upon the size of the employer.  New York City employers must provide each employee with a copy of the Notice of Employees Rights at the time of hire, and generally must … Continue Reading

Class action against workplace discrimination

In France, employees who suffer from workplace discrimination are entitled to bring claims against their employer. Workplace discrimination is strictly prohibited and is characterized when a person is treated less favorably than another because of his or her origin, sex, marital status, pregnancy, physical appearance, health, disability, sexual orientation, gender identity, age, political opinions, trade union activities, his/her belonging to an ethnic group, or his/her alleged race or religion.

Employees or future employees who have been subjected to discrimination can either take legal action directly or authorize a union to act on their behalf. However, even if a union takes … Continue Reading

The new French “right to disconnect”

French law has recently implemented the “right to disconnect” from digital tools, requiring employers to limit employees’ use of digital tools outside of office hours.

The purpose of the new legislation is to protect the employees’ work-life balance and their right to rest periods.

New article L 2242-8 of the French Labour Code provides that the conditions relating to the right to disconnect must be discussed on an annual basis, as from 1st January 2017, in the course of the mandatory negotiations on equality between men and women and quality of working life. Such negotiations will take place … Continue Reading

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