When the tide of democracy and constitutionalism swept through labour legislation in South Africa from the early ‘90s onwards, domestic workers, for the first time, gained access to important labour rights. However, they remained excluded from two important statutes, the Unemployment Insurance Act, 2001 (the “UI Act”) and the Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA”) ...
Overview Following the enactment of Law No. 33 of 2014 on Guarantees for Halal Products (“Law 33/2014”), its implementing regulation, Government Regulation No. 31 of 2019 (“GR 31/2019”), was recently issued and came into effect on 3 May 2019. In principle, Law 33/2014 requires that all products imported, distributed or traded in Indonesia be certified halal in accordance with Islamic principles ...
On 29 July 2019 the Court of Justice of the European Union (CJEU) concluded that website operators can be deemed joint controllers under the GDPR together with social media providers for using plug ins, such as Facebook Like buttons. However, the parties are joint controllers only in respect of the collection and transmission of personal data to the social media provider, and not in respect of subsequent processing by the social media provider ...
Effective 1 January 2020, new rules pertaining to whistleblowing will enter into force.On 11 June 2019, the Norwegian Parliament passed a resolution that all provisions of the Working Environment Act Chapter 2 A shall be amended. The changes in the law mainly contribute to clarification and precise formulation of judicial status so as to make the provisions more accessible and understandable to the users of the law ...
Under final rules issued last month, employers can offer two new types of health reimbursement arrangements or HRAs: individual coverage HRAs ("ICHRAs") and excepted benefit HRAs ("EBHRAs"). HRAs are self-funded, account based plans that reimburse employees for qualified medical expenses on a tax-free basis. The final rules apply for plan years beginning on or after January 1, 2020. While the rules are complex, the new ICHRAs and EBHRAs offer new planning opportunities for employers ...
In our newsletter article of March 2019, which was only based on press release No. 9/19 of the BAG [German Federal Labor Court] regarding the judgment of Feb. 19, 2019 - 9 AZR 541/15, we addressed the new case law of the BAG for informing the employer about existing vacation entitlements. In a similar case (also judgment of Feb ...
BAG of Feb. 19, 2019 – 3 AZR 219/18 So-called "late marriage clauses" in surviving dependants' pension commitments may constitute an unjustified age discrimination and can therefore be ineffective, unless a specific cut-off date can be justified on the basis of a specific connecting factor particularly linked to the legal structure principles of company pension schemes. FACTS OF THE CASE A widow filed a complaint with regard to a widow's pension before the labor courts ...
BAG, judgment of Apr. 9, 2019 – 1 ABR 30/17 The transfer of an employee after the loss of job to the care of an in-house "Job Service and Placement" unit constitutes a transfer requiring consent within the meaning of Sec. 99 para. 1 BetrVG [German works constitution act]. If the selection procedure is carried out by the parties pursuant to a framework agreement, the instruction in the approval procedure also covers the selection procedure ...
Federal Labor Court (BAG), judgment of Dec. 11, 2018 – 9 AZR 161/18 An enhanced vacation entitlement on grounds of age where employees who have not yet reached the age of 50 are granted at least three days less vacation than older employees violates the prohibition of discrimination of Sec. 7(1) in conjunction with Sec. 1 AGG ...
BAG, judgment of Mar. 14, 2019 – 6 AZR 4/18 A severance payment awarded by dissolution proceedings may either be an insolvency claim or insolvency asset liability. The time the dissolution petition was made is decisive. FACTS OF THE CASE The employer (later insolvency debtor) terminated the employment of the plaintiff before the opening of insolvency proceedings ...
Expansive Law Aimed at Predictive Scheduling for Workers, Limiting Employers’ Ability to Unilaterally Change Work Hours On July 24, 2019, the City of Chicago enacted the “Fair Work Week Ordinance,” requiring that many businesses provide workers with up to two-weeks advance notice of their work hours and schedules ...
It is summer holiday (for most Norwegians, anyway) and what is better than combining the beach, the pool or wherever you are with spending 3 minutes getting up to speed with a small bouquet of the many exciting developments of Norwegian employment law in 2019? Let's dive in and look at downsizings, selection pools, #metoo legislation and a first officer that ran his ship on ground ...
Legislation Aligns State and Federal Laws On July 17, 2019, Ohio lawmakers passed Senate Bill (S.B.) No. 57, which decriminalizes hemp and creates licensure programs for those wanting to cultivate or process hemp and hemp byproducts. Ohio was one of the few states that did not update its statutes to align with federal regulations following the passage of the 2018 Farm Bill, which removed hemp as a controlled substance at the federal level ...
UPDATE III: Judge Agrees to Delay San Antonio Paid Sick Leave Ordinance At a hearing this morning, Judge Sol Casseb entered the Agreed Order submitted by attorneys for the City and the businesses that filed suit regarding their agreement to delay the effective date of the PSL ordinance from August 1 to December 1 ...
On July 23, 2019, the Ohio Department of Commerce will conduct a public hearing regarding proposed amendments to several Medical Marijuana Control Program rules. The Medical Marijuana Control Program allows individuals with specified medical conditions, upon the recommendation of an Ohio-licensed physician, to purchase and use medical marijuana. The rules govern the activities of medical marijuana cultivators, processors, and testing laboratories ...
Effective August 1, employers with more than five employees working in the City of San Antonio must provide to all such employees paid sick leave (“PSL”) of up to 64 hours per year (for employers with more than 15 employees) or 48 hours (for employers with 15 or fewer employees) for a variety of reasons related to themselves or family members; employers with five or fewer employees are not required to comply with the PSL ordinance until August 1, 2021 ...
The international transfer of personal data is part of daily business for many companies. They work with international service providers, have affiliates abroad or cooperate with foreign customers and suppliers. The General Data Protection Regulation (“GDPR”) provides a narrow scope for transferring personal data to non-EU countries. According to art ...
Section 187(1)(c) of the South African Labour Relations Act, 1995 (“LRA”) has always been controversial because of the interplay between the definition of automatically unfair dismissals, employers’ rights to terminate contracts of employment on the basis of operational requirements and the institution of collective bargaining ...
After nine years of deliberation, the Pennsylvania Board of Pharmacy (Board) issued final regulations (effective June 22, 2019) setting new standards for pharmacist compounding of drug products. While the final regulations are substantially less onerous than as originally proposed, the regulations represent the Board’s commitment to ensuring compounding is performed in a safe and reliable manner in Pennsylvania ...
The DIFC Small Claims Tribunal (SCT), a branch of the DIFC Courts, has in a rare (if not first of its kind) judgement, pierced the corporate veil of a DIFC incorporated company to look into its shareholding and key individuals in the case of AS World Group Holding Ltd. Vs Anna Calkins [DIFC SCT 116/2019]. Overview of dispute AS World Group Holding Ltd (Claimant), filed proceedings against Ms ...
Beginning July 1, 2019, the Ohio Department of Medicaid (ODM) is requiring all Ohio managed care plans to make room and board payments directly to hospice providers when hospice services are provided to individuals residing at skilled nursing facilities (SNF) ...
(2017/0355 (COD)) On 16 April 2019, the European Parliament adopted a new Directive aimed at ensuring transparent and reliable working conditions for employees in the area of crowdworking. On 13 June 2019, the Council of Ministers also adopted the Directive. In the following the main content of the new Directive ...
Federal Labor Court (Bundesarbeitsgericht; BAG) dated February 19, 2019 – 3 AZR 150/18 A clause in a preworded pension commitment stipulating a minimum of ten years of marriage as per the date of death as a prerequisite for the disbursement of survivors’ benefits violates German general terms and conditions law and is thus void and invalid ...
In order to make Germany more appealing to skilled international workers and meet the increasing demand for skilled workers by way of labor-based migration, the German Parliament (Bundestag) adopted the Skilled Worker Immigration Act (FEG) on June 7, 2019. The Act is expected to become effective in early 2020. The administrative obstacles for non-EU citizens have been rather immense when it comes to being employed in Germany ...
State Labor Court (Landesarbeitsgericht; LAG) Baden-Württemberg dated December 20, 2018 - 17 Sa 11/18 Pursuant to Art. 15(1) GDPR, the employee may request information and a copy of the personal information which the employer has recorded of him/her. A general refusal by the employer to provide information or hand over the information due to justified third-party interests is not sufficient, but must be adequately explained by the employer ...
