In a decision rendered on September 16, 2024,1 the Administrative Labour Tribunal (the ?ALT?) found that a company (the ?employer?) had violated the Charter of the French language2 (the ?CFL?) by requiring knowledge of languages other than French as part of a hiring process. This is one of the first decisions ruling on the new complaint mechanisms introduced by Bill 96, An Act respecting French, the official and common language of Québec3 (?Bill 96?), aimed at amending the CFL ...
The Employment Rights Bill seeks to bring about seismic change to the employment law landscape, requiring employers to adapt their current practices and policies. Our latest webinar focused on the key provisions of the Bill and how these will impact on current practices and procedures. We also looked at what further changes may be coming down the line and what steps organisations can take to prepare for them ...
HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to respond to workers who blow the whistle ...
Just seven weeks after the 158-page Employment Rights Bill was introduced into Parliament, the House of Commons issued a 53-page paper full of various proposed amendments to the Bill. Almost all of them are government led, made by Justin Madders, Parliamentary Under Secretary of State (Department for Business and Trade). We consider below some of the key amendments proposed by Mr Madders and other Labour MPs ...
On December 2, 2024, the U.S. Citizenship and Immigration Services (“USCIS”) announced it had received enough H-1B petitions to reach the statutory H-1B visa cap of 65,000, plus the 20,000 “master’s cap” for applicants with a U.S. master’s degree. Registrants who have not yet been selected will be sent non-selection notices through the online system ...
The Office of the Small Business Commissioner has announced the New Fair Payment Code. This is now open for businesses to apply to the new Code and it replaces the Prompt Payment Code which was introduced in 2015. Following on from our article on Payment Terms in Supply Chains (Payment Terms – what are the current rules and those coming down the track), we now have clarity on what is included in the new Fair Payment Code ...
In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal ...
Stay up-to-date with the ****latest developments in labour law related to employee remuneration****. These updates are essential for ensuring accurate payroll calculations, particularly in cases of employment termination, and for aligning local regulations with current legal requirements. New Minimum Wage Effective January 1, 2025, a revised minimum wage for a standard monthly work schedule will come into force ...
Hot on the heels of the Non-Domestic Rating Act 2023 coming into force, the new government announced preliminary steps in its Autumn Budget to reform the business rates system. The key changes introduced by the Act, combined with the proposals outlined in the Budget, are set to have a major impact on businesses in the coming years ...
On November 26, 2024, the Supreme Court of Ohio issued its long-awaited decision in AutoZone Stores, Inc. v Indus. Comm., reversing the Tenth District’s interpretation of R.C. 4123.56(F) and indirectly restoring the employer-friendly doctrine of voluntary abandonment. See Slip Opinion 2024-Ohio-5519 here. In 2020, the Ohio legislature enacted the divisive R.C. 4123.56(F), which superseded any previous precedent on the issue of “voluntary abandonment ...
The presidential and congressional campaigns brought considerable disagreement on a number of platform issues that were constantly in the daily news cycle. Each brings their potential political polarization, yet we heard less about economic development incentives that often bring bipartisan support. Many of these vehicles lead to accomplishing the common goals of stimulating economic development and community revitalization ...
An exploration of key aspects of the Employment Rights Bill which will impact living sector employers; day 1 right to claim unfair dismissal, changes to the use of zero hour contracts and the extension of the duty to protect employees from harassment. Employment Rights Bill – A Shake Up for the Living Sector The Employment Rights Bill (“ERB”) is poised to introduce significant change to the UK’s workforce ...
A federal judge in Texas has struck down the recently implemented United States Department of Labor (“DOL”) federal overtime salary threshold rule. This 2024 rule raised the minimum salary level for certain employees to be exempt from overtime pay requirements under the Fair Labor Standards Act (“FLSA”). Generally, the FLSA requires employers to pay non-exempt employees 1.5x their regular rate for hours worked in excess of 40 in a work week ...
Our final article in this series discussing different protected characteristics and the discrimination claims they give rise to, focuses on age, how employers can fall foul of the law and the steps they need to take to avoid age discrimination claims. What is age discrimination? The Equality Act 2010 prohibits both direct and indirect age discrimination, as well as age related harassment and victimisation ...
HSE involvement The Bill (if granted Royal Assent) will require the Health and Safety Executive (HSE) to publish a Health and Safety Framework on violence and harassment in the workplace, including violence against women and girls and gender-based violence. Employer duties Emphasis is placed on preventative measures which should be taken by employers ...
The published findings of the FCA's recent survey on culture and non-financial misconduct demonstrates how financial services firms have been responding to Employment issues and what might be on the horizon ...
Employers in California, and others with California employees and worksites, should take note of new laws set to take effect on January 1, 2025, as well as laws that have recently gone into effect that may impact their operations. Understanding the changes is essential for compliance, and Dinsmore’s labor and employment attorneys are available to assist with navigating these regulatory changes to ensure your organization remains compliant ...
By: Ruben Gotlieb, Esq. As many of you know by now, Donald Trump has won a second term as president. Additionally, Republicans in the U.S. Senate will have a small majority in Congress. It is still uncertain who will hold a majority in the House of Representatives. What does this mean for tax legislation set to expire, or “sunset,” at the end of 2025? To pass a permanent tax law, a majority of at least 60 senators is needed. Without this, the law can only last for 10 years ...
Integrating AI tools at work is not without danger. Three experts from the independent Belgian law firm, ALTIUS, explain how companies should best guard against ethical risks, data protection, intellectual property rights, and trade secrets. “It is essential that organisations teach their people to work with AI safely and responsibly ...
In the past month, the U.S. Citizenship and Immigration Services (“USCIS”) has launched a voluntary I-9 verification process called “E-Verify+” aimed at improving the I-9 and E-Verify processes and streamlining employer workflows. E-Verify+, which was originally referred to as “E-Verify NextGen,” has been in the works for several years ...
How far can employers search for personal data to answer an access request? Can they check personal mobiles or laptops - or personal emails on a work device? Here we look at invading staff privacy to respect someone else's data protection rights. In this series we have already looked at taking control of data subject access requests (DSARs) through data protection by design, and understanding when you can refuse to comply with a DSAR ...
United States Citizenship and Immigration Services (“USCIS”) has approved a new credentialing organization for certain healthcare workers for immigration purposes. USCIS approved the application from International Education Evaluations, LLC (IEE), which went into effect October 25, 2024 ...
Our readers may recall our column in this magazine last Fall involving a SALT malpractice suit filed against a North Carolina CPA firm by its former client, Vista Horticulture, Inc. d/b/a Eden Brothers. If you or your spouse are gardeners, you may know the company as an online seller of flower bulbs and seeds, etc. to customers all over the country ...
The EU Data Act will apply from 12 September 2025. Thus far, much of the attention has focused on the IoT side of the regulation, specifically on data holder obligations and data sharing. Discussion around Chapter VI of the Act concerning switching between data processing services (such as IaaS, PaaS, and SaaS) and its implications for such services has been relatively sparse ...
By the end of this year, the Home Office is transitioning to an entirely digital UK immigration system. This means that all physical immigration status documents will be replaced with digital immigration status, referred to as eVisas, and this includes any BRP’s, BRC’s or passport vignettes. The eVisa will be the only way to prove your immigration status once this transition is complete. The Home Office aim to complete the transition by 31 December 2024 ...
