Following an industrial arbitration award in 2012, a teacher in an educational institution became aware that, for a long time, he had been subject to a wrong collective agreement and had therefore not received enough salary. Against this background, a dispute arose regarding, inter alia, adjustment of salary, overtime pay, holiday pay and pension contribution for the period 1 October 2007 - February 2009. Judgment of 30 May 2017 from the Danish Eastern High Court ...
On June 27, 2017, the US EPA and the Army Corps of Engineers took the first of two steps to narrow the Clean Water Act’s scope. The agencies proposed a rule rescinding the Obama Administration’s 2015 Clean Water Rule defining “waters of the United States” (“WOTUS”) and replacing it with its prior definition ...
Gender discrimination is a hot topic for California employers, with a recent California appellate court decision regarding sexual orientation discrimination and new regulations issued by the California Fair Employment and Housing Council (FEHC) regarding transgender discrimination. In Husman v. Toyota, (Case No ...
On June 22, 2017, BOEM announced that, in light of the recent order of the Secretary of the Interior concerning its recent NTL 2016-N01 establishing a new program for financial assurance for decommissioning liabilities on the Outer Continental Shelf (OCS), it will extend the NTL implementation timeline beyond June 30, except in circumstances where there is a substantial risk of nonperformance of the interest holder’s decommissioning liabilities ...
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 ...
In a recent decision concerning off-site drilling, the Texas Supreme Court affirmed the San Antonio Court of Appeals1 and held that an oil and gas operator could drill through the mineral estate underlying an adjacent tract of land without the adjacent mineral lessee’s permission. Lightning Oil Co. v. Anadarko E&P Onshore LLC, No. 15-0910, 2017 Tex. LEXIS 463, --- S.W.3d --- (Tex. May 19, 2017) ...
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 ...
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 ...
As part of the implementation of the Mexican Energy Reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued. These are of particular importance to oil and gas producers, power generators and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons March 6, 2017.Ayín-Batsil Farmout ...
