In October 2022, the Virginia Supreme Court decided the case of Hawkins v. Town of South Hill (view the opinion here), which fundamentally alters 40 years of precedent in the Commonwealth concerning what is considered confidential and not subject to production in response to a Virginia Freedom of Information Act (“FOIA”) request. Earlier this month, the Circuit Court issued its decision on remand in light of the Virginia Supreme Court’s decision in Hawkins ...
What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance, gather data, problem-solve, or aid in decision making ...
Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”). On May 1, 2023, via its supplemental decision in Lion Elastomers LLC, 372 NLRB No ...
While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an employee outside the workplace may still subject an employer to liability. What constitutes actionable discrimination or harassment, triggering potential employer liability, is often a murky question ...
Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an essential tool for providing workers with insight into how managers are making decisions about promotions, equity, and pay. In addition, performance evaluations will most certainly play a critical role if the employment relationship ends and litigation occurs ...
On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed applicable to Virginia employers. 1. HB1895 – Expansion of Prohibited Contractual Provisions in Cases of Sexual Assault and Sexual Harassment Current Virginia law (Va. Code § 40.1-28 ...
The rules governing discrimination and psychosocial risks at work have been revised to bring them in line with European legislation and the European Court of Justice’s recent case law. Various legislation has now changed, including: the Gender Act of 7 May 2007, the Antidiscrimination Act of 7 May 2007, the Racism and Xenophobia Act of 30 July 1981, the Wellbeing Act of 4 August 1996, and the Wellbeing at Work Code. These new rules entered into force on 1 June 2023 ...
Law firms have a lot more male than female partners, though the situation is changing Business Plus June 17, 2023 Gender pay gap reporting has highlighted that across the largest law firms there is a substantial pay gap between men and women when the earnings of equity partners are included. In general terms, commercial law firms have more female than male solicitors in their ranks, but there are much more men than women at the top table ...
The National Labor Relations Board (“NLRB”) reinstated the test established in FedEx Home Delivery (FedEx II), lessening the requirements for a worker to be considered an employee and not an independent contractor. The decision in The Atlanta Opera, Inc., issued on June 13, 2023, overruled the 2019 SuperShuttle decision, opting to return to “common-law principles ...
Net migration figures from the Office for National Statistics (ONS) for the year ending December 2022 show an increase on figures from the previous year. Taking a closer look into the categories of migration behind the net figures gives further insight as to why the target to reduce net migration figures are not being met. These figures show that total immigration into the United Kingdom for 2022 was in the region of 1.2 million with emigration counted at approximately 557,000 ...
June marks ‘Pride Month’ which celebrates how far LGBTQ+ rights have come whilst also highlighting the work that still needs to be done. We consider how allies and effective employee networks can assist in this supporting ongoing progress. Employee networks are voluntary, employee-led groups aimed at providing support, resources and a sense of community for employees who may share a common identity or experience ...
Fertility is not only a ‘women’s issue’ - the impact of infertility on men can be enormous, yet regularly goes unnoticed. In light of Men’s Health Week and Father’s Day, we look at improving support for men who are experiencing fertility issues. When it comes to infertility, research and support predominantly centres around the perspectives of women ...
The UK Covid-19 Inquiry has sought to consider as many voices as possible in its assessment of the vast human impact the pandemic has had on both individuals and organisations. Every Story Matters is the Inquiry’s way of doing so, enabling those in England, Northern Ireland, Scotland and Wales to share their experiences of the pandemic with the Inquiry, via an online form. To date, around 6,000 people have shared their stories ...
According to a recent TUC poll of over 1,000 women, 58% have experienced sexual harassment, bullying or verbal abuse at work, with the perpetrator in 39% of most recent instances of harassment being a third party. Clearly, this needs to change. Harassment is still an issue at work As a result of the findings from the poll, the TUC is supporting the Worker Protection (Amendment of Equality Act 2010) Bill 2022-23 which is currently passing through Parliament ...
“Why don’t I own this?” The words of oil prospector Daniel Plainview to his property advisor, querying the land rights for his oil pipeline to the California coast in the Oscar winning film ‘There Will Be Blood, and a blunt, single sentence reminder of the need for early due diligence on large scale developments ...
Business reorganization is a commonly utilized strategy to enhance efficiency and reduce costs within a business. Reorganization not only impacts corporate changes, but also has an effect on labour relations, which can pose certain risks. We have summarized the key labour issues that illustrate the red flags associated with corporate transactions, along with practical issues that should be taken into consideration. More details here ...
No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc., suggests that the EEOC is interested in how those policies work. It seems the EEOC wants to determine if such policies potentially violate the Americans with Disabilities Act, and the agency may want to pursue that interest on a national scale ...
With greater emphasis being placed on employee wellbeing in recent times and in a bid to remain competitive in the market, some employers have sought to increase holiday entitlement and provide ‘unlimited’ annual leave each year. What does this mean? In theory, ‘unlimited’ holiday means employees can take as many paid days off work as they wish. In practice, however, it is not quite as straightforward as it sounds ...
Like many employers, Google LLC is considering how to increase employee office attendance. Over the pandemic, employees in a variety of roles showed that their jobs could be done effectively from home, and few companies have returned to a policy of asking their employees to work in the office on a full-time basis ...
All employment related securities (ERS) annual returns for the 2022/23 tax year must be filed by 6 July 2023. The returns are filed via HMRC’s online service (via the PAYE for Employers – Employment Related Securities section). There are separate returns for the tax-advantaged employee share schemes (i.e. EMI, CSOP, SAYE and SIP) and one for all other arrangements (e.g. non-tax advantaged options, or the direct issue of shares to employees or directors) ...
The British Standards Institution (BSI) has released a new workplace standard relating to menstruation and menopause. The BSI standard (BS 30416) aims to support the health and well-being of all employees who menstruate or experience peri/menopause. The standard suggests that there are many actions that employers can take to improve the accommodation of all its employees ...
