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Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families experienced financial hardship. Stress associated with the pandemic has exacerbated mental health impairments and other conditions triggered by stress and led people to seek professional help for their struggles ...

Shoosmiths LLP | November 2021

Do you have a unionised workforce? If so, the Kostal (Kostal UK Ltd v Dunkley and others [2021] UKSC 47 (27 October 2021)) decision is a must read. If you are an employer which recognises a union - or unions - then the Kostal decision is unlikely to have escaped your notice. The case was brought because an employer ‘went around’ the recognised union and made a pay offer direct to employees despite there being an agreement with the union in place ...

Shoosmiths LLP | November 2021

Josh Cavallo has demonstrated enormous bravery by becoming the only current male professional footballer to come out as gay. We consider how employers can foster a workplace environment that is supportive of LGBTQ+ employees who choose to come out. This week Josh Cavallo of Adelaide United showed incredible courage by publicly announcing his sexuality ...

AELEX | November 2021

With the recent growth in technology, the storage of information online has become a common phenomenon. Though this method of storing information has proven to be very effective, the challenge of cyber breaches and data theft has also been on the rise. Interestingly, law firms have also become targets of cyber criminals that perpetrate these infractions ...

Consistent with a continued expansion of statutory rights under the National Labor Relations Act ("NLRA"), the General Counsel of the National Labor Relations Board ("NLRB") confirmed her view that certain athletes at academic institutions are "statutory employees, who have the right to act collectively to improve their terms and conditions of employment ...

OSHA is considering rules to address heat injury and stress in the workplace. On October 27, 2021, OSHA filed an Advance Notice of Proposed Rulemaking ("ANPRM") for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The ANPRM includes 114 questions and seeks public input on heat-related issues that should be addressed in any standard, including possible controls or measures that might be considered to address heat-related injury and stress ...

The end of the year is both a busy and a celebratory time. As employers close out 2021 and look forward to 2022, here are five issues for employers to consider to prepare for success in the year ahead: 1. Holiday Bonuses - If you are considering a year-end payment to employees, make sure you know the tax and wage and hour rules and the difference between discretionary and nondiscretionary bonuses. A true holiday bonus is purely discretionary — meaning it is not tied to performance ...

DFDL | November 2021

On 28 October 2021, the Royal Government of Cambodia (“RGC”) implemented ‘Round 10’ of measures aimed at mitigating the impacts of COVID-19 on businesses and workers in Cambodia. In readiness for the economy re-opening Cambodia has been receiving vaccines through support and direct purchases from various manufacturers ...

Dinsmore & Shohl LLP | November 2021

On Oct. 29, 2021, the Wage and Hour Division of the United States Department of Labor (DOL) released its final rule regarding “dual jobs” for tipped employees under the Fair Labor Standards Act (FLSA). The final rule, which becomes effective on Dec. 28, 2021, withdraws a prior final rule from 2020 regarding dual jobs and amends regulations to distinguish between tipped occupations and non-tipped occupations ...

Dinsmore & Shohl LLP | November 2021

Questions abound as to whether HIPAA comes into play when COVID-19 vaccination information is provided to employers. Recently, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued clarifying guidance on the applicability of the HIPAA Privacy Rule in the context of COVID-19 vaccination information provided to employers ...

Hanson Bridgett LLP | November 2021

Key Points Mandatory vaccination programs may be permissible at federal level without Title VII religious exemption. The equivalent state religious exemption is still viable in California. Social, political, or personal preference objections about the possible effects of the COVID-19 vaccine do not qualify as “religious beliefs” under the Title VII religious exemption. DOES V. MILLS On October 29, 2021, in a 6-3 decision, the United States Supreme Court in Does v ...

ALRUD Law Firm | October 2021

Due to massive inspections and new sanitary requirements, ALRUD’s experts from Labour and Employment practice have prepared this material for HR directors, compliance officers and heads of legal departments, on the preparation of the company, for inspection of the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor): Checklist: Preparing the company for inspection of Rospotrebnadzor in Russia ...

DFDL | October 2021

The 1997 Labour Law, previously amended in 2007 and 2018, was amended for the third time on 5 October 2021 with immediate effect (“Amended Labour Law”). The Amended Labour Law introduces several changes to the 1997 Labour Law, particularly provisions relating to employee working schedules, work on paid public holidays, individual disputes and the authority of the Labour Inspector ...

[!<CDATA[ Law and Practice The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims ...

Dinsmore & Shohl LLP | October 2021

On Oct. 25, 2021, the Department of Labor (DOL) issued Field Assistance Bulletin No. 2021-02 (the Bulletin). In the bulletin, the DOL revised and extended the temporary enforcement policy related to the DOL’s Fiduciary Rule/Prohibited Transaction Exemption 2020-02 (the DOL Fiduciary Rule) ...

Shoosmiths LLP | October 2021

As with other parts of the UK, the last 18 months have seen a period of exceptional market activity in the living sector in Northern Ireland, despite the economic challenges of Covid. Much of that activity has in fact been driven by the societal challenges and behavioural shifts brought about by the pandemic ...

Dinsmore & Shohl LLP | October 2021

On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) updated its technical guidance for employers addressing questions regarding religious objections to employer COVID-19 vaccine requirements and how those requirements interact with federal equal employment opportunity (EEO) laws ...

  Today, World Menopause Day, I got up at 5.30 am to get the train to the office. This early start brought into sharp focus the impact that menopause can have on the working lives of women. Three years ago I would have taken an early start in my stride, I rarely had a bad night’s sleep. However, although in my early 40s, treatment for breast cancer caused early menopause, and among the symptoms I experience is frequently disturbed sleep ...

Shoosmiths LLP | October 2021

There has been much in the media about the impact of the pandemic and the government response on children’s education, but arguably that impact has been magnified for those children and young people with Special Educational Needs and Disabilities (SEND). The Coronavirus Act 2020 The Coronavirus Act 2020 temporarily amended and extended deadlines for certain Local Authority duties towards children with SEND under The Children and Families Act 2014 ...

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