July 1, 2017 is swiftly approaching and companies need to electronically upload information related to injuries and illnesses on OSHA’s Injury Tracking Application (ITA) website. The ITA website is scheduled to go live this month (February 2017) and all covered establishments must complete Form 300A by the July 1 deadline ...
Social media sites, like Facebook, are inexhaustible sources of personal information which can constitute evidence in the context of employer-employee disputes. In matters related to evidence, the general rule is that any relevant evidence is admissible ...
The Ministry of Labour has prepared a draft law providing for protection of persons informing of corruption offences ...
In this matter, the employer, Enforce Security Group (“Enforce”), was a private security services provider contracting out security officers to its clients. The security officers were employed on the basis that their period of employment would endure until the termination of the service contract between Enforce and the client whose premises the employee would be assigned to. This type of provision is commonly referred to as an “automatic termination clause” ...
If 2016 is memorable as a year of immense political upheaval, 2017 may offer more of the same. Already, in the first months of 2017, significant domestic political events have transpired, with the promise of more to come. These are events of significant consequence to specific companies, discrete industries and America’s global trading partners ...
2016 California Labor and Employment Legislation SB 3 Raises California's Minimum Wage SB 3 will increase the state minimum wage to $15.00 per hour over the next six years. The bill sets two minimum wage rate hikes, depending on whether an employer has 26 or more, or 25 or fewer, employees. All employers in the state must comply with the new minimum wage law ...
Section 197 of the South African Labour Relations Act: The ebb and flow of what constitutes a going concern More recently, in 2016, in Rural Maintenance (Pty) Limited and Another v Maluti-A-Phofung Local Municipality, the Constitutional Court dealt with outsourcing and the impact of a transfer of assets by the outgoing entity in evaluating whether a transfer of a business as a going concern existed ...
Beginning on January 1, 2017, the State Labour Inspectorate has begun checking presence of the information on results of special evaluation of working conditions on employers’ official websites. Employers shall post on their official websites information concerning results of performed evaluation and the list of proposed actions on improvement of employees’ working conditions ...
Summary Amendments to Japan’s Act on Protection of Personal Information (“APPI”) (“Amendments”) were passed by the Diet on 3rd September 2015; some provisions, mainly those establishing and governing the Personal Information Protection Commission (“Commission”), are in force, and it has now been announced that the remaining provisions will be implemented on 30th May 2017 (“Implementation Date”), though regulations and guidelines setting out
On 15 December 2016, the South African Constitutional Court handed down a landmark judgment in Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus and Others, in which it held that arbitration awards issued in terms of the Labour Relations Act, 1995 (the “LRA”) do not prescribe ...
2017 looks set to bring about unprecedented change in South Africa when it comes to leave relating to the birth or adoption of a child. A fresh approach to maternity leave has already been sanctioned by the Labour Court, one that goes beyond the traditional notion that maternity leave should apply to biological mothers only. This groundbreaking development, which is already part of South African law, is discussed below ...
In this article, ENSafrica looks at a dramatic legislative shift which could soon see the following fundamental changes to South Africa’s employment law: · the effective recognition that fathers (or other parents, whether male or female, who may not otherwise be entitled to maternity leave) will be entitled to what is being referred to as “parental leave”; · the formal recognition of “adoption leave” by law; · the stat
Judgment of the Danish Supreme Court dated 19 January 2017 The case involved the issue of whether the Ministry of Employment had become liable in damages in regard to an employee in a company, due to the fact that the right to replacement holiday in the event of illness occurring during holiday had not been implemented in Danish law at the time at which the employee became ill during his holiday in the summer of 2010 ...
On January 20, 2017, in a case of first impression among the appellate courts, a panel of the Ninth Circuit concluded in Syed v. M-I, LLC (Case No. 14-17186) that an employer violates the Fair Credit Reporting Act (FCRA) when its background check disclosure/authorization document includes a sentence that releases the employer, the consumer reporting agency (the vendor), and their agents from liability for any violations of the FCRA ...
The Educational Childcare Regulation1 (the "Regulation") requires every permit holder to ensure that each member of its childcare staff holds a certificate not older than 3 years which must have been obtained through the successful completion of an early childhood first-aid course of a minimum of 8 hours. Following the amendment of the Regulation of April 1, 20162, an additional component concerning the management of severe allergic reactions was added to this training obligation: 20 ...
Under the Affordable Care Act (“ACA”), large employers (generally those with 50 or more full-time employees or full-time equivalents) must report annually to the IRS information about the health coverage offered to their full-time employees during the prior year. Employers also must provide copies of the reports to their full-time employees ...
Near the tail-end of 2016, the Serbian Competition Commission initiated an investigation for an alleged competition infringement that took place in June of the same year. The infringement involved a failure to notify a merger for mandatory clearance. The transaction in question concerned an unreported acquisition of sole control on the IT market ...
On December 22, 2016, in Augustus v. ABM Security Services, Inc., Case No. S224853, the California Supreme Court issued a split decision on rest periods. In a decision in which four justices concurred, and two concurred and dissented, in part, the Court held that employers “must relieve their employees of all duties and relinquish any control over how employees spend their break time ...
Dear colleagues, We would like to inform you that this January 1, 2017 changes in the civil legislation with regard to rules for revocation of a power of attorney will come into force. The changes provide that a power of attorney shall be revoked either in the form it was executed or in the notarized form ...
The Employment & Immigration Update Vol ...
Witnesses giving evidence before the Commission for Conciliation, Mediation and Arbitration (“CCMA”) should take care when making statements that may expose them to defamation claims. This issue arose in the recent case of Clover SA (Pty) Ltd and Another v Sintwa, in which the High Court heard a damages claim arising from defamatory statements made by a witness while giving evidence before the CCMA ...
Can a construction contractor automatically terminate its employees’ contracts when skills are no longer required for a construction project? This question was at the centre of the Labour Court case of National Union of Mineworkers obo Milisa and Others v WBHO Construction (Pty) Ltd ...
The world stands at the threshold of a new age. Self-driving cars have hit the streets and created the knock-on collision of technology and the law. Autonomous transportation presents a network of complex problems that have to be addressed before we can safely strap ourselves into a vehicle without a driver. August 2016 saw the implementation of the world’s first self-driving taxis in Singapore ...
The Danish government has presented its legislative programme for the parliamentary year 2016/2017. The programme contains a number of upcoming proposals for amendments within the area of employment and labour law, including e.g. proposals for amendments of the Danish Holiday Act, the Danish Childbirth Act and the Danish Public Servants Act ...
To the untrained eye, technology and the judiciary sector may seem rather far apart. IT is ever changing and dynamic, while courts are by design deliberate and slow. However, even the most resistant institutions are not immune to change; Serbian courts now appear to be further steps towards incorporating new technology for the ultimate goal of greater efficiency ...
