New regulations issued by the California Fair Employment and Housing Council, effective July 1, 2017, limit California employers’ use of criminal history when making employment decisions ...
The use of fixed-term employment contracts has been the subject of contention for many years. Opponents to their use have argued that because these contracts terminate automatically after the period of time for which they have been entered into, they can be used to avoid liability for unfair dismissal ...
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 ...
New Law No 125-FZ amending regulation of overtime and part-time work was signed by the Russian President earlier this year (hereinafter – the “Law”). The Law went into force on June 29, 2017. Highlight below is the most important novelties introduced by the Law. Part-Time Work The parties of labour relations may now agree on any length and frequency of an employee’s working hours ...
Under Israeli law, the employment of a foreign employee who is not a citizen or resident of Israel is a criminal offense, except if the person requesting to employ the foreign employee received a special permit from the Population and Immigration Authority (the "Authority") pursuant to the Foreign Workers Law, 5751-1991 ...
After several delays, the Department of Labor’s (the “DOL’s”) final “fiduciary” rule expanding the definition of who is an investment advice fiduciary became effective on June 9, 2017 ...
The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act, West Virginia Workplace Freedom Act, West Virginia Medical Cannabis Act, striking employees and unemployment benefits, Physicians Freedom of Practice Act, and bonds for wages and benefits ...
The Ministry of Transport and Public Works (Ministerio de Obras Públicas y Transporte) of Ecuador, which is entitled of the management of the ports had issued the invitation to the public bidding process ...
On the morning of 26 April 2017, the usual rumble of South African Airways (“SAA”) flights taking to the skies was interrupted by a strike by cabin crew employees, organised by their trade union, the South African Cabin Crew Association (“SACCA”). Due to strict civil aviation regulations, the strike resulted in a significant number of flights being cancelled, which, in turn, caused massive inconvenience for passengers ...
A recent South African Commission for Conciliation, Mediation and Arbitration (“CCMA”) ruling has provided clarity on issues of deemed employment in circumstances where multiple contractors are used. The matter before the CCMA involved Shoprite, one of the largest food retailers in Africa. In order to provide its approximately 2,000 stores with stock in an efficient manner, Shoprite established seven distribution centres (“DCs”) in South Africa ...
Following recommendations from a working group formed by the Ministry of Transportation, Ports and Civil Aviation (MTPAC) and discussions with representatives of different interested parties, President Michel Temer recently signed a decree changing the regulations of (Ports Law) ...
The Croatian Competition Agency (the "Agency") initiated proceedings against Grand Auto – an authorised dealer of Land Rover and Jaguar cars for Croatia, after an initiative by the Auto Dealership "Karlo", a former authorised repairer of the said cars for Croatia ...
The Labour Appeal Court ("LAC") judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers are equipped to deal with reports of sexual harassment. A failure to do so can be a costly mistake, as the employer in this decision learnt ...
In Mendoza v. Nordstrom, Inc., the California Supreme Court responded to questions posed by the Ninth Circuit concerning the interpretation of California’s day-of-rest statutes, which are found in Labor Code Sections 550-558.1. Initially, former Nordstrom employees filed a Private Attorneys General Act action, alleging that Nordstrom had failed to provide guaranteed days of rest to its nonexempt employees in California ...
The Gig Economy So you work in the CBD. Here’s your day: You book a Grab car to get to work; as you leave the apartment, the dog walker shows up to take your beagle for a run and a bath. You’re rushing a presentation for a new client and chow down a sandwich at your desk, brought to your office by foodpanda. The client, a tech entrepreneur who's started an online sales portal, calls to ask you to meet at Starbucks because he needs a chai macha latte ...
The Internal Revenue Service ("IRS") has issued an update to Publication 5146 (Employment Tax Returns: Examinations and Appeal Rights) which outlines the procedures used to conduct employment tax examinations and employers' rights and responsibilities during and after the examination process ...
The current Presidential Administration has not exempted work visas from its immigration initiatives and focus. On April 18, 2017, President Trump signed an Executive Order designed to protect American jobs (“Hire American”) and products and goods manufactured in the United States (“Buy American”) ...
The South African Labour Court was recently called on to answer the question whether a trade union, acting on behalf of its members who are employees of the employer, may compel the employer to take disciplinary steps against certain of its employees in order to ensure the safety of the rest of its employees in the workplace. An employer has the duty to provide employees with safe working conditions, as far as is reasonably practicable ...
South African law treats sexual harassment as a serious form of misconduct that infringes upon a person’s dignity and other fundamental rights. The seriousness with which it is viewed by the courts is illustrated by the Labour Appeal Court (“LAC”) decision in MEC for Education (North West Provincial Government) v Makubalo ...
Autonomous cars have really taken off in the last few years, particularly due to the interest of both consumers and the businesses who develop and improve them. In this context, on April 5 and 10, 2017, the City of Montréal and the Government of Québec respectively announced significant investments in the electrification and intelligent transportation sector to make the Province of Québec a pioneer of that industry ...
A recent article from Business Insider featuring Haynes and Boone, LLP Labor and Employment Partner Jason Habinsky addresses key takeaways from the recently passed New York City bill that restricts employers from asking candidates about their salary history. Useful context includes: Employers should “promptly audit and review their documentation regarding the hiring process” to make sure hiring documentation does not request prohibited information ...
On 8 February 2017, the Luxembourg Parliament voted a new law on immigration (hereafter the “Law”) which aims at increasing Luxembourg’s attractiveness as a host country for foreign talents. The main innovation of the Law is to implement a new category of residence permit in Luxembourg for investors. Immigration represents a major pillar of Luxembourg’s economy which has always relied on foreign labour and investments ...
Upon reconsideration in Gerard v. Orange Coast Memorial Medical Center, Case No. G048039 (March 21, 2017) (Gerard II), the Fourth Appellate District decided that IWC Wage Order 5 is valid and that healthcare employees may waive one of their two required meal periods on shifts longer than 8 hours ...
All non-exempt employees are required to be paid separately for rest breaks and other non-productive work time. This may come as a surprise to businesses that employ commissioned or piece rate employees, who may have assumed (incorrectly) that the commission or piece rate compensation earned by their employees – often very high amounts – is sufficient to cover the pay to which those employees are entitled for rest breaks or other non-productive work hours ...
In March 2017, the Montenegrin Agency for the Protection of Competition carried out an unannounced inspection (dawn raid) at the business premises of Sava Trans d.o.o. Cetinje, a company engaged in freight transport, in order to collect data necessary for undertaking further actions carried out by the Agency ...
