La détermination du temps de travail effectif des salariés est un sujet complexe, et l’enjeu est considérable pour les salariés dans la mesure où ce temps de travail effectif a un impact direct sur leur rémunération.

C’est encore plus vrai pour les salariés itinérants, dont les fonctions impliquent des temps de trajet importants (notamment entre…

The EAT has dismissed Uber’s appeal against the employment tribunal’s decision that its drivers are ‘workers’ within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (ERA 1996) and the equivalent definitions in the National Minimum Wage Act 1998 (NMWA 1998) and the Working Time Regulations 1998 (WTR 1998).   The EAT held that the…

French regulations strictly supervise employees’ working time, which may not exceed a certain limit and must include break time and minimum rest periods. Not only must the employer comply with these obligations, but in the event of litigation, the employer must be in a position to produce evidence that it has done so.

Each employee…

This post was also contributed by Sebastian Kutzner, Trainee, Norton Rose Fulbright LLP (Munich).

Due to increasing demands for a work life balance, uncertainty as to employees’ rights to rest periods, in particular, is widespread. German law distinguishes between two types of rest periods:

  • Rest breaks (to be granted during working time); and
  • Resting time

…

The Working Time Regulations 1998 (the Regulations), which implement the requirements of the 1993 EC Working Time Directive, introduced restrictions on the number of hours worked by employees and workers together with a right to rest breaks, rest periods and holidays. This post is concerned with the right to rest breaks during the working day.…

Despite the fact that the U.S. Department of Labor’s new overtime regulations were set to go into effect on December 1st, the validity of the regulations remains unsettled. We previously reported that on November 22nd, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide injunction precluding…

Employers who had been searching for a way to best  implement the Department of Labor’s new overtime regulations (the “Final Rule”), which are set to go into effect on December 1, 2016, received an early holiday gift on Tuesday, and from one of President Obama’s appointed jurists, no less.  On November 22nd, Judge Amos Mazzant…

This post was also contributed by Dimitri Schaff, Trainee, Norton Rose Fulbright LLP (Munich).

Currently, about one quarter of all employment relationships in Germany are based on part-time models, the proportion of part-time to full-time employees having increased by about 12 per cent since 2001. Furthermore, as a result of the implementation of the EU…