The Supreme Court has ruled that any worker or employee who works for part of the year but has been employed on a continuing contract must receive 5.6 weeks’ leave at full pay. This means they will likely receive proportionately more annual leave and pay than their full-year counterparts. Employers cannot pro-rate a worker’s statutory holiday allowance to reflect the number of weeks they actually work ...
With the next August public holiday on the horizon, we look at what can be a complicated area in calculating bank holiday entitlement for individuals who work part-time and/or on compressed hours. Under the Working Time Directive (WTD), which is now retained EU law, a worker has the right to a minimum of 4 weeks’ annual leave (or 20 days for a full-time worker). The Working Time Regulations 1998 (WTR), which implement the WTD into UK law, provide an additional 1 ...
This seminar included panel discussions with Labor attorneys covering federal and state case updates and new laws since January 2022. The introduction and "housekeeping" for the seminar can be viewed here. Download the full PowerPoint presentation for all sessions » Eyes Wide Shut: Seeing Past Unconscious Bias » Most people think that if they are smart or aware, they can avoid unconscious bias entirely—but this is the wrong approach ...
On July 19, 2022, the Court of Claims ordered that the current Improved Workforce Opportunity Wage Act (minimum wage) and Michigan Paid Medical Leave Act (paid leave) are void and reinstated the original ballot initiatives. However, employers do not need to overhaul their policies just yet because the ruling is stayed until February 19, 2023. Pending the outcome of appeal, these changes may not go into effect at all ...
On June 21, 2022, the government adopted Resolution No. 702 , which regulates the procedure for receiving partial unemployment benefits. From now on , self-employed persons and employees who have lost part of their income can count on assistance from the state. However, it should be noted that it is not the employee, but the employer who should seek help ...
The Supreme Court has handed down its decision in the claim of Harpur Trust v Brazel, which may have a significant impact on employers of part-year workers. Background Under the Working Time Regulations (“WTR”), workers are entitled to a minimum of 5.6 weeks’ annual leave and to be paid holiday pay at a rate of a week’s pay ...
Dr Christine Calleja and Dr Warren Ciantar, in collaboration with 21 Malta, delivered a one hour presentation on the new rights introduced by the Work-Life Balance for Parents and Carers Regulations, on Wednesday 20th July 2022. The main rights to be introduced by the Regulations will be paid paternal leave, partly paid parental leave and unpaid carer’s leave ...
On November 18, 2021, President Biden issued Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” reinstituting the requirement that successor contractors on Service Contract Act contracts offer positions to the employees of the predecessor contractor. President Trump had previously rescinded this requirement with Executive Order 13897 ...
Stanford Economist Nick Bloom Shares WFH Trends and Predictions View Webinar More than two years into the pandemic, businesses are still wrestling with how to best navigate return to office (RTO). Firms that do it right stand to increase retention, equity, and business performance and forge a new culture of collaboration. But widely varying and evolving business and employee needs make it difficult to unravel the best course of action ...
Fostering diversity and inclusion at the recruitment stage has a beneficial impact, not least in terms of increased applications and a greater likelihood of attracting the right talent to your organisation. Here are our top tips for getting it right. Consider alternative talent pools It is well publicised that vacancies are at record highs, with currently more vacancies than people in work ...
In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...
Peerasanti Somritutai, partner and head of the real estate practice of Kudun and Partners, represented the firm as a panelist in a webinar organized by the Legal & Tourism Hospitality Committees of the American Chamber of Commerce in Thailand (AMCHAM), to share his commercial and legal insights in relation to the topic “Financing the Return of Thailand’s Hospitality Sector” ...
A recent case provides a new approach to analysis of the enforceability of co-tenancy clauses in shopping center leases. In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC (June 28, 2022, No. C094190) __ Cal.Rptr.3d __ [2022 WL 2313437] ("JJD"), the Third District Court of Appeal declined to apply penalty analysis under Civil Code §1671 to a co-tenancy clause, as the Fifth District had done in Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc. (2015) 232 Cal.App ...
Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain. Human rights violations are a ‘hot’ topic and businesses are confronted with ethical challenges in this respect ...
On Tuesday 19 July 2022 parts of the UK set new record temperatures. Charterhall in the Scottish borders recorded a temperature of 34.8 degrees Celsius, the highest ever recorded in Scotland. Whereas Coningsby in Lincolnshire reported a new UK high of 40.3 degrees Celsius. This has caused fires to break out in parts of the UK and resulted in the UK’s first ever red travel warning due to extreme heat ...
The High Court recently held that damages would not be awarded for wasted management and staff time despite finding an unlawful means conspiracy to have existed. In Zenith Logistics Services (UK) Ltd and others v Keates and others, Judge Keyser QC held the monetary loss needs to be proven, otherwise the damages will not be awarded. Claim Zenith claimed £281,500 for lost management time spent investigating and addressing the wrongdoing ...
A summary of the key takeaways from a recent webinar on reducing scope 3 Purchased Goods & Services and Capital Goods emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’ ...
In an effort to counteract the economic damage wrought by the COVID-19 Pandemic, Congress passed the Infrastructure Investment and Jobs Act in November of 2021. Part of that bill set aside $370 billion to improve and expand transportation, and further earmarked 10% of those funds for socially and economically disadvantaged government contractors ...
Within hours of the U.S. Supreme Court’s decision overturning Roe v. Wade, Ohio’s Heartbeat Bill, originally passed in 2019, became effective when the U.S. District Court, Southern District of Ohio, lifted its long pending injunction against the Ohio law ...
As communities continue to be shocked at the gas pump, soaring inflation and whispers of “recession,” we have noted an increase in layoffs in certain industries — particularly technology, retail and food. Given the economic uncertainty, our regional developers and builders could also feel the adverse impacts. These impacts could, unfortunately, require companies to consider layoffs or reductions in force (RIFs) ...
