On November 15, 2013, the Supreme Court of Canada declared Alberta’s Personal Information Protection Act (PIPA)1 constitutionally invalid on the ground that it disproportionately infringed a union’s right to freedom of expression, in this case, the United Food and Commercial Workers, Local 401 (the “Union”) ...
More than three years after first announcing that it was considering issuing regulations applying the Americans with Disabilities Act to websites, the US Department of Justice (DOJ) appears on the verge of announcing its proposed rules for website accessibility. While the DOJ originally stated that it anticipated issuing its Title II website accessibility rules for websites operated by state and local governments by November 2013, it now expects to issue these rules by the end of the year ...
When employees post on Facebook while at work a conflict of interests arises: while the employee enjoys his leisure activity, the employer expects him to do his work uninterruptedly. In order to decide this conflict in his favour, the employer tends to react with employment law instruments, such as informal warnings, formal cautions and finally termination. German jurisdiction supports him in that ...
This past July, the United States Court of Appeals for the District of Columbia (“D.C. Circuit”) vacated a 2010 Department of Labor (“DOL”) Interpretation Letter that concluded employees who perform the “typical” job duties of a mortgage loan officer do not qualify as administrative employees ...
On August 27, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) issued two Final Rules, making significant changes to the regulations implementing affirmative action under Section 503 of the Rehabilitation Act (“Section 503”) and the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) ...
Employers responding to the market reforms contained in the Affordable Care Act (“ACA,” also referred to as ObamaCare) are trying to grasp how it treats some current arrangements, such as health reimbursement arrangements (HRAs) and flexible spending arrangements (Health FSAs). These features are popular in many employer-sponsored benefits plans ...
The Employment Non-Discrimination Act (“ENDA”) is federal legislation that would prohibit employers from discriminating against potential or actual employees during hiring and employment based on their sexual orientation or gender identity. The Act defines sexual orientation as “homosexuality, heterosexuality, or bisexuality ...
In recognition of the increasing popularity in the market of asset-backed contribution arrangements (ABCs), the Pensions Regulator has issued detailed guidance for trustees considering using such a structure to fund their pension scheme. ABCs, in general terms, allow an employer operating a defined benefit pension scheme to use a non-cash asset to provide a regular income stream to the scheme without an outright disposal of the asset to the scheme ...
The story so far… Spring 2013 Redundancy consultation • In force from 6 April 2013 • Employees on fixed-term contracts "which have reached their agreed termination point" will be excluded from collective redundancy consultation obligations (where 20+ employees are to be dismissed from one establishment within a 90 day period) • Minimum consultation period has been reduced to 45 days from 90 days (where 100+ employees are affected by redundancy at one establishme
The Court of Appeal has overturned the decision of the Employment Appeal Tribunal (“EAT”) in the case of Crystal Palace FC Ltd and another v Kavanagh and others, holding that the dismissals of employees made by the administrator of the Football Club shortly before the Club was sold in 2010 were for an “ETO reason” and thus not automatically unfair pursuant to TUPE. As we reported in April (http://www.shepwedd.co ...
The B-1 temporary visa category is intended to allow foreign nationals to visit the U.S. for temporary business purposes that do not rise to the level of gainful employment. Given the relative ease of obtaining a B-1 visa compared to other visa categories, some U.S. employers have encouraged or assisted foreign nationals in using the B-1 visa category for activities beyond its intended purpose ...
Since it was introduced at the end of 2005, the scheme funding regime for defined benefit pension schemes has been through a process incremental of evolution. With a new legal objective for the Pensions Regulator now revealed, will this alter the approach of employers and trustees to scheme funding in practice or will it turn out to be business as usual? Back in 2005, the emphasis was on the scheme specific nature of the new funding regime ...
The Jobs, Growth and Long-Term Prosperity Act was passed by the federal government in 2012, which includes changes that will affect long-term disability (“LTD”) plans provided by federally regulated employers. This will impact employers in the banking, marine, transportation, telecommunication and other federally regulated industries ...
Law no. 76/2013 of 7 November has been published in the official gazette. This law establishes new rules on the extraordinary renewal of fixed term employment contracts, as well as the rules and method of calculation for the compensation applicable to contracts subject to this renewal ...
Earlier this year the federal government made changes to Canada’s temporary foreign worker program with the stated purpose of ensuring that Canadians are given the first opportunity to apply for available jobs. Most temporary foreign workers require a work permit to legally work in Canada. In many instances, the employer must first obtain a positive Labour Market Opinion (LMO) from Service Canada before the worker can apply for a work permit ...
In the High Court case of Pi Consulting (Trustee Services) Ltd v The Pensions Regulator and others, it has been ruled that 9 suspected liberation vehicles are occupational pension schemes, and therefore are under the jurisdiction of the Pensions Regulator. “Pension liberation” typically occurs where a pension saver is induced to transfer existing pension funds to another scheme, for a fee, in order to obtain access to their pension early ...
Après avoir tenu des consultations particulières en juin et en août 20131, la Commission des finances publiques (la « Commission ») a publié, le 17 septembre dernier, ses conclusions et recommandations concernant le rapport du Comité d’experts sur l’avenir du système de retraite québécois (le « Rapport D’Amours ») ...
The Supreme Court of Appeals' recent decision in McComas v. ACF Indus., Inc. could have significant implications for employer liability under West Virginia's deliberate intention statute. In McComas, the plaintiff was a welder who was injured by an arc blast emanating from an electrical box ...
The European Court of Human Rights (the ECHR), in Delfi AS v Estonia, has upheld unanimously a finding of liability against an Internet news portal regarding offensive comments that were posted online by one of its readers. The ECHR held that making Delfi AS liable for the comments was a justified and proportionate interference with its right to freedom of expression and that there was no violation of Article 10 (freedom of expression) of the European Convention on Human Rights (the Convention) ...
On October 22, 2013, the National Institute of Standards and Technology (“NIST”) issued the Preliminary Cybersecurity Framework (the “Preliminary Framework”), as required under Section 7 of the Obama Administration’s February 2013 executive order, Improving Critical Infrastructure Cybersecurity (the “Executive Order”). The Preliminary Framework includes standards, procedures and processes for reducing cyber risks to critical infrastructure ...
Can an employee’s insubordination amount to repudiation of his employment contract, thus providing his employer with just and sufficient cause to dismiss him? In a judgment rendered on September 20, 2013, the Québec Court of Appeal answered this question in the negative.1 The plaintiff, Pilgrim, filed a complaint pursuant to section 124 of the Act Respecting Labour Standards against his former employer alleging that he had been dismissed without just and sufficient cause ...
By judgment of 28 June 2013, the Danish Eastern High Court found that it was contrary to the Danish Act on Fixed-Term Employment to extend a number of fixed-term employment contracts four times. The case involved four electricians who were hired to work on a large project. It was agreed that their employment contracts were to expire on 25 September 2009 at which time the project should have been completed ...
Background On 6 April 2016 the current basic state pension and state second pension (S2P) will be abolished and replaced by a single-tier state pension. The abolition of S2P will also mean the end of contracting-out. The measures to implement the single-tier state pension and abolition of contracting-out are contained in the Pensions Bill 2013 ...
Following a consultation process which began in early 2011, the Treasury has finally published its revised Fair Deal for staff pensions’ guidance. The new policy comes into effect immediately and will allow private contractors to participate in public sector pension schemes so that transferring staff can remain members of their existing public sector scheme ...
As the fiscal year came an end at midnight on September 30, the House and Senate were unable to reach an agreement to fund the federal government and avoid a government shutdown. As a result, the White House Office of Management and Budget (OMB) has issued the order to implement the shutdown of the federal government. Although essential functions such as public safety and benefit payments will continue, the shutdown impacts all agencies funded through the annual appropriations process ...
