The Brexit referendum vote and its potential impact on free movement has already resulted in many businesses struggling to meet their labour needs; the number of EU migrants has declined markedly at a time when Scotland and the UK is enjoying record levels of employment. As a consequence, immigration has risen to the top of many organisations’ agendas to ensure they can recruit and retain the talent they need to grow their businesses and remain competitive ...
Employers who are faced with employee requests for accommodation on the basis of family status may find that the response to such requests depends on the province of employment ...
[!<CDATA[ Generally, the government has immunity from being sued with some exceptions grounded in statute or case law. Having a contract with the federal government is one such exception, and an interrelated exception falls under the Severin doctrine ...
In its recent decision in TFD Network Africa (Pty) Ltd v Singh NO & Others, the Labour Appeal Court (the “LAC”) considered the interpretation of section 17 of the Basic Conditions of Employment Act, 1997 (“the “BCEA”); in particular, subsections 17(1) and (2), which regulate night work. Subsections 17(1) and (2) read as follows: “(1) In this section, 'night work' means work performed after 18:00 and before 06:00 the next day ...
The U.S. does not have a federal data privacy law. In the absence of an all-encompassing data privacy law, the U.S. has a myriad of individual state privacy laws. The significant state data privacy laws that are often used as models are the California Privacy Rights Act (which amends that California Consumer Privacy Act), the Virginia Consumer Data Privacy Act, the Colorado Privacy Act, and the Illinois Biometric Information Privacy Act ...
It is a sad fact that the current economic crisis is causing many employers to consider cost saving measures like redundancies. But it can be difficult to know what amounts to a redundancy situation. We consider the legal definition and how it applies. What the law says Redundancy is a mechanism used by employers when a company needs to reduce the number of its employees. It is one of the five potentially fair reasons for which an employer can dismiss an employee ...
As we draw to the end of 2021, Lauren Bholé and Lizzie Lord reflect on some of the HR challenges faced by many companies over the past 12 months. 1. Employees wanting a change in career – the ‘great resignation’ A study by Microsoft found that 41% of the global workforce is considering leaving their employer this year ...
Short-time work compensation is a crucial component of the governmental COVID-19 rescue package for Swiss economy. The Swiss Federal Council in this context has recently enacted several formal facilitations and expanded the circle of entitled employees. Nevertheless, the requirement of obtaining the employees’ consent to short-time work remains central in several aspects. Read the entire article below ...
When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that they make the right decisions for their business. And, like most things, an ounce of prevention is worth a pound or more of cure ...
On March 18, 2022, the House of Representatives passed the Creating a Respectful and Open World for Natural Hair Act ("CROWN Act") of 2022. The purpose of this bill is to address the routine deprivation of educational and employment opportunities that people of color face for wearing their natural hair ...
In light of the Food and Drug Administration’s approval of new COVID-19 vaccines, the Equal Employment Opportunity Commission (EEOC) has issued new guidance on the legal implications of the COVID-19 vaccine under federal anti-discrimination laws. Employers should carefully consider these points when making decisions about employee vaccinations. 1. Employers can require employees to receive a COVID-19 vaccination ...
Following President Trump’s Aug. 8 presidential memorandum directing the Treasury Secretary to defer the withholding and payment of certain employee payroll taxes, the Internal Revenue Service released Notice 2020-65 on Aug. 28 The two-page notice gives necessary but sparse guidance on implementing the Presidential Memorandum ...
Along with funding for health services and testing and expanded access to food benefits like SNAP and WIC, the sweeping Families First Coronavirus Response Actincludes paid family and sick leave entitlements for employees who are out of work due to COVID-19 related reasons ...
On August 27, Michigan Governor Gretchen Whitmer released Executive Order 2020-172, entitled “Protecting workers who stay home, stay safe when they or their close contacts are sick,” which replaces Executive Order 2020-166. The new executive order is nearly identical to the one it replaces, with two important differences ...
Employee Retention Credits (“ERC” or “credits”) are available to eligible employers that paid qualified wages after March 12, 2020, and before January 1, 2022. Multiple pieces of legislation and Internal Revenue Service (“IRS”) guidance expanded and modified the ERC rules and determination of eligibility for ERC, and computation of the credits may vary based on each individual calendar quarter in 2020 and 2021 ...
As seen in Bank Director From lobby closures to Paycheck Protection Program loans, the COVID-19 pandemic has thrown a lot at banks and other financial services providers during this pandemic. One more item to add to the list is the Families First Coronavirus Response Act (FFCRA) ...
When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that they make the right decisions for their business. And, like most things, an ounce of prevention is worth a pound or more of cure ...
In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to prioritize those issues the past few years, and may not have had much, if any, time and resources available to devote to other non-pandemic-related employment law changes ...
On 19 February 2021, the Supreme Court handed down a landmark judgment which confirmed that Uber drivers are workers and not independent contractors. We look at the basis for the decision and what it means for other employers. Background This case began back in 2016, when Uber drivers Mr Aslam, Mr Farrar and others submitted a claim to the Employment Tribunal (ET) regarding their employment status ...
A General Election will be held on 4 July 2024. In this article, Sarah Jenkins considers what that might mean for the pensions industry What does the General Election mean for pensions? It has been a busy time for the pensions industry of late - a new policy, consultation or legislation seemingly appeared each month. However, the pensions plates are not the only ones which the Government has been spinning, and much of the planned pension reform has not yet made it to the statute books ...