Whether employers like it or not, there is no question that the COVID-19 pandemic has altered the modern work environment for many businesses. As employers across the country continue to allow, and even encourage, their employees to work remotely, we continue to see the questions and challenges that accompany the work-from-home model. Fortunately, not all of those challenges need be navigated blindly. The U.S ...
Following a decision of the Hamburg Regional Labour Court, the works council has an enforceable right of co-determination with the definition of staffing ratios – in accordance with § 87 exp. 1 No. 7 BetrVG. The co-determination right aims at avoiding an otherwise health-endangering overloading of the personnel ...
LAG Baden-Württemberg, judgement of 17.09.2020, 17 Sa 8/20 The unauthorized, deliberate deletion of operational data on the employer's IT systems represents a significant breach of duty and is generally suitable to justify a termination of the employment relationship without notice period. Facts The parties are in dispute about the validity of the extraordinary, alternatively ordinary, notice of termination pronounced by the employer ...
Regional Labor Court Mecklenburg-Vorpommern, ruling of July 30, 2019, 5 Sa 233/18 It is up to the employer to decide how to react to a conflict situation in the company, regardless of the causes and responsibilities of the disputants. FACTS The parties dispute over the validity of transferring the plaintiff to another workplace to resolve an interpersonal conflict ...
Assembly Bill (AB) 5, signed by Governor Gavin Newsom in September 2019, which went into effect on Jan. 1, 2020, codified the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles ...
On November 27, 2020, the Federal Official Gazette published Resolution No. 50, by means of which the National Mining Agency (“ANM”) amends Resolution No. 46/2020, which suspended the deadlines of certain procedural and material acts and the extension of mining titles. According to the new wording, the period of certain procedural and material acts as well as the tacit approval by the Agency is suspended from March 20, 2020 to December 31, 2020 ...
On 25 November 2020, the Chief Executive of Hong Kong SAR Carrie Lam presented her fourth Policy Address, which includes various proposals to create more jobs in both the public and private sectors through the Job Creation Scheme established under the anti-epidemic fund measures, enhance support to employees through the Love Upgrading Special Scheme for Retraining, and create employment opportunities for young people in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) ...
Three pharmaceutical companies, AstraZeneca, Moderna and Pfeizer, have announced COVID-19 vaccines, which the director of the National Institute of Allergy and Infectious Diseases, Dr. Anthony Fauci, has announced could be available as early as late December 2020.[1] Governor Mike DeWine announced some Ohio health care professionals could receive the COVID vaccine as early as Dec. 15, 2020 ...
Key Points The new regulation covers all employees and places of employment with limited exceptions and is expected to take effect within the next two weeks. Employers must develop a written COVID-19 Prevention Program. Employers must also investigate and “respond effectively” to COVID-19 cases and notify employees and others who might have been exposed within one day ...
As the retail sector is one of the sectors most affected by the Covid-19 pandemic, employers within it might be considering dismissing employees for economic or technical reasons ...
Terminating the employment of an employee is never easy. There are many things to consider from both a practical and legal perspective. The more prepared you can be the better. While not exhaustive, set out below are some questions every employer should be asking themselves before they terminate the employment of any non-union employee on a “without cause” basis ...
The new Work Place Harassment and Violence Prevention Regulations, SOR/2020-130 (the “Regulation”) and corresponding changes to the Canada Labour Code (the “Code”) come into force on January 1, 2021. The amendments introduce significant changes to how federally regulated organizations are required to prevent and address workplace harassment and violence, and set out specific requirements for workplace harassment and violence policies ...
This week (the week from Monday 16th November 2020 until the 20th November 2020) is anti-bullying week – a week meant to raise awareness against prejudice and bullying not only in schools but also at the workplace and cyber-bullying. Maltese employment law does not deal directly with bullying but with harassment, and this in connection with discriminatory treatment or with sexual harassment ...
On November 15, 2020, Michigan’s Department of Health and Human Services (“DHHS”) issued a new Gatherings and Face Mask Order that further limits in-person gatherings and employer operations, but does not meaningfully change requirements for most businesses. With limited exceptions, this Order prohibits all indoor gatherings at “non-residential venues” of “two or more persons from more than one household… in a shared space ...
British Government aims to forbid import of commodities from deforested areas as a consequence of international discussions focused on ESG. In 2019, the British Government hired the independent consultancy 'Global Resource Initiative' ("GRI") to evaluate actions to ensure a more sustainable economy for the United Kingdom ...
In response to COVID-19, the federal government and the provinces have introduced various measures to mitigate the financial impact across the country. One of these measures is the introduction of a new type of type of unpaid, job-protected leave related to COVID-19. As of the date of this bulletin, BC, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Prince Edward Island, Newfoundland, and the federal government have introduced these new leaves ...
On November 9, 2020, the federal government announced a further temporary extension to permitted layoff periods for federally regulated private-sector employees. Background In June of 2020, the federal government extended the time periods for layoffs under the Canada Labour Standards Regulations to allow federally regulated private-sector employers more time to recall laid-off employees ...
On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy. The court held that the agricultural overtime exemption at RCW 49.46.130(2)(g), which exempted agricultural employers from paying overtime at a rate of 1.5 times the regularly hourly rate, violated article I, section 12 of the Washington State Constitution as applied to dairy workers ...
Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Alabama. This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination, harassment and family leave, privacy in the workplace, trade secrets and restrictive covenants, labor relations and discipline and termination. With a premium Lexology account uses can use the interactive tool to create a cross border comparative report ...
Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Mississippi. This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination, harassment and family leave, privacy in the workplace, trade secrets and restrictive covenants, labor relations and discipline and termination. With a premium Lexology account uses can use the interactive tool to create a cross border comparative report ...
Changes to the Chilean Labor Code require employers to adopt measures that facilitate the inclusion of disabled employees Law No.21,275 was added to the Labor Code and published in the Official Gazette on October 21, 2020. The new law is intended to facilitate the inclusion of disabled employees in the labor force. Companies to which the law applies The Law is applicable to those companies that, in accordance with article 157 bis of the Labor Code, have 100 or more employees ...
A temporary work agency had, over a period of four years, hired out workers to an oil company that had a bonus scheme at company level for its employees. The Supreme Court found that the bonus scheme was a form of performance-related pay and thus covered by the term «pay» in section 14-12 a subsection 1 (f) of the Working Environment Act. The temporary work agency was thus obliged to pay a bonus to the two workers as if they had been permanently employed in the oil company ...
In response to the COVID-19 pandemic, in March 2020 Israel imposed significant restrictions on foreign nationals' entry into Israel. As a general rule, the entry of foreigners into Israel is prohibited, except for a limited list of exceptional cases (for further details please see "COVID-19: exceptional cases in which Population and Immigration Authority will allow foreigners to enter Israel") ...
Decree-Law 94-A/2020 of 3 November amends, among others, Decree-Law 79-A/2020 of 30 September, which established “exceptional, transitional arrangements for reorganisation of work”. Its aim was to minimise the spread of COVID-19. The Decree-Law makes remote working mandatory for all workers whose place of work is located in a geographical area where the epidemiological situation justifies it ...
