The COVID-19 pandemic has presented many novel challenges and questions for employers, from administration of Families First Coronavirus Response Act (“FFCRA”) leave to managing performance of remote workers. For healthcare providers, these challenges and questions have been only one of many burdens of operating during a pandemic. As vaccines become more widely available, the pandemic raises new challenges, some unique to employers in the healthcare industry ...
Last spring, many businesses did the unthinkable. In response to the spread of Covid-19 and subsequent stay-at-home orders, they seemingly overnight deployed fully remote workforces. Then everyone breathed a sigh of relief upon realizing that a fully distributed workforce ... works. As it turns out, cybercriminals were among those most eager to take advantage of distributed workforce arrangements ...
The U.S. Department of Labor announced the Essential Workers, Essential Protections Initiative on April 26, 2021. The Initiative is designed to educate workers on the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) ...
In our second quarterly case law update for 2021, we take a look at some of the key cases published since the start of the year and consider the lessons we can learn from them. Disability discrimination In Elliot v Dorset County Council, the Employment Appeal Tribunal (EAT) has recently allowed an appeal against an Employment Tribunal’s finding that a claimant was not disabled ...
In Elliot v Dorset County Council, the Employment Appeal Tribunal (EAT) has recently allowed an appeal against an Employment Tribunal’s finding that a claimant was not disabled. The EAT held that the Tribunal had failed to adopt the correct approach when determining whether the claimant had a disability according to the statutory definition of disability in section 6 of the Equality Act 2010 ...
There have been a number of significant rulings on the topic of holiday pay over recent years and Smith v Pimlico Plumbings Ltd is the newest addition. Before we look at Smith, it is useful to understand how this area of law has developed over time ...
The Home Office has published guidance on making late applications to the EU Settlement Scheme. Employers are rapidly having to get their “heads around” the fallout from Brexit and ensuring all their existing EU workers have or in are in the process of obtaining EU settled status is just one of the many headaches. The deadline of 30 June 2021 for EU, EEA and Swiss nationals to apply under the EU Settlement Scheme is fast approaching ...
In what has been a period of unprecedented upheaval, employers have learnt a lot about their working practices and staff. As we enter the new world, employers have a unique opportunity to build back better including normalising flexible working for all ...
Below is an update on the most relevant employment law measures adopted after the Decree of March 22, 2021, no. 41 (the so-called “Sostegni Decree”) within the framework of the COVID-19 emergency legislation and the on-going vaccination campaign ...
New Promulgated Law and Subsequent Regulations on Health, Administrative and Other Measures during Covid-19 Outbreak In response to the recent community outbreak of Covid-19 on 20 February 2021, the Royal Government of Cambodia (“RGC”) promulgated and issued a number of regulations, specifically: Law on Preventative Measures against the Spread of Covid-19 and other Highly Contagious Diseases dated 11 March 2021 (“Preventative Measures Law”); Sub-Decree 37 dated 12 Ma
Washington’s Supreme Court disrupted the state’s agricultural industry on November 5, 2020, when it held that the agricultural overtime exemption at RCW 49.46.130(2)(g) violated the state’s constitution as applied to dairy workers. As a result, all dairy employers immediately had to start paying their workers overtime at a rate of 1.5 times their regular hourly rate. While not explicitly addressed, the Martinez-Cuevas v ...
On March 23, 2021, Governor Pritzker signed a new law (Senate Bill 1480) that makes several meaningful changes to the Illinois Human Rights Act (IHRA). One significant change under the new law states employers may not use criminal conviction records when making employment decisions unless employers consider specific factors and take certain steps before making a final employment decision ...
The COVID-19 pandemic has exposed the difficulties in reacting at European level to a major health crisis and the intention of the European Commission is to respond more effectively to future problems in the area of health. As a result, it is currently conducting an initial assessment of possible legislative changes in the area of medicinal products for human use ...
Background Companies operating in EU may already be aware that on December 2019 the Whistleblowers Directive[1] came into force. The Whistleblowers Directive aims at establishing a framework with common minimum standards for ensuring whistleblowers’ protection across all EU Member States. The transposition deadline almost knocks on the door since it expires in December 2021 ...
Employers can face a civil penalty under the Immigration, Asylum and Nationality Act 2006 (“the Act”) of up to £20,000 per illegal worker for failing to carry out the prescribed right to work document checks. It is a criminal offence to knowingly employ anyone who does not have the right to work in the UK or where an employer had ‘reasonable cause to believe’ they did not have the right to work in the UK ...
PileDriver Magazine published an article by Dinsmore's Lisa Hodgdon and Jason Lambert entitled "COVID-19 Vaccines in the Workplace: 8 Considerations for Employers" in its most recent issue. Read an excerpt below. 1 ...
On the 23rd March 2021, the Court of Justice of the European Union (CJEU) rendered a Grand Chamber decision on a preliminary reference transmitted to it by a Swedish tribunal in a matter concerning air passenger rights (Airhelp Ltd v. Scandinavian Airline System SAS, c-28/20) ...
In the latest article for our Tricky Issues series, we consider how employers should deal with personality clashes in the workplace, why they need to be dealt with quickly and the legal position when employers consider dismissal ...
On April 13, 2021, Law No. 21,314 was published in the Official Gazette, which, among other matters, set new transparency requirements and reinforce the responsibilities of market agents (the " Law "). Relevant modifications to the current pensions' regulation: Amendments to Decree No. 3,500 (“Pension Funds Act”) ...
As British Columbia battles the third wave of COVID-19, the government has introduced legislation[1] which, if passed, will provide employees with paid leave to get the COVID-19 vaccine. On April 1, 2021, the British Columbia government introduced an unpaid job-protected leave of absence for employees to get the COVID-19 vaccine, or to assist a dependent in getting vaccinated against COVID-19 ...
As an employer, are you obliged to search personal devices, personal email accounts and/or personal social media accounts belonging to employees or others such as trustees or non-executive directors when responding to a data subject access request (DSAR)? Many employers will now be familiar with undertaking a ‘reasonable and proportionate’ search when responding to an employee’s DSAR under Article 15 of the UK GDPR ...
Last week the Supreme Court decided to dismiss the latest appeal in the Royal Mencap Society v Tomlinson-Blake case and confirmed that time spent sleeping on site during a sleep-in shift will not count towards a care worker’s National Minimum Wage (NMW) ...
The financial services sector had a busy 2020 for many reasons, and the UK’s 2021/22 financial year promises to bring further developments. In this article, we take a look at the changes expected in banking, finance and asset management. 1. Brexit The loss of passporting rights was a key consequence of the Brexit deal from a financial services perspective ...
Bullying in the workplace and allegations of bullying harassment at work have seldom been out of the headlines. Politicians such as ex-speaker John Bercow or Home Secretary Priti Patel have been accused of such behaviour ...
