Dinsmore partner of counsel Frank Mamat contributes columns and analysis about labor and employment topics for the Small Business Association of Michigan's newsletter and website. In this edition, Frank and Dinsmore attorney Erik Bradberry write about legislation proposed in Michigan that would change what defines an independent contractor ...
The countdown has begun! Have the governance rules for your pension committee been set out in an internal by-law? If not, there’s no time to lose! The deadline is December 13, 2007.SourceIn Quebec, billions of dollars are managed by pension committees ...
Last June 12, Bill 42, entitled «An Act to group the Commission de l’équité salariale, the Commission des normes du travail and the Commission de la santé et de la sécurité du travail and to establish the Administrative Labour Tribunal1» (the «Loi Act to group the CÉS, the CNT and the CSST and to establish the ALT” or the “Act”), received Royal Assent ...
For quite a while now, Québec legislation, like that of most Canadian provinces, provides that the directors, officers, employees or representatives of a legal person (for example: an incorporated company) can be sued personally for the commission or omission of acts that could directly and seriously compromise the health, safety or physical integrity of a worker. This offence is covered under section 237 and 241 of the Occupational Health and Safety Act (R.S.Q., c. S-2.1) ...
On April 24, 2023, the Chamber of Representatives received bulletin No. 15864-13, containing the bill that proposes the adjustment of the minimum monthly income (i.e. minimum salary), which immediately passed to the Labor and Social Security and the Finance Committees of said Chamber. Currently, the bill of law has an urgency status for immediate discussion ...
On December 13th, 2023, the Chilean Congress approved a bill that modifies the Labor Code regarding prevention, investigations and sanctioning of sexual harassment, workplace harassment and violence in the workplace (hereinafter, the “Law”). Companies subject to the new regulations The Law is applicable to all companies, regardless of their size. The Law also includes regulations applicable to the State Administration and its multiple agencies ...
On April 10th, 2023, the Congress approved a bill that reduces the workday weekly limit from 45 to 40 hours (Bill N°11.179-13). This bill, however, includes multiple and important amendments to the working hour and rest regimes, amongst which we can highlight the following: Reduction of the ordinary working hours limit The duration of the ordinary working hours will be reduced from 45 to 40 hours ...
The Ministry of Health and Social Protection issued Resolution 682 adopting the biosecurity protocol for the control and management of COVID-19 in the building construction sector. This protocol is complementary to the general biosecurity protocol adopted through Resolution 666 of 2020 and to other measures implemented by each company. This biosecurity protocol includes the following measures: 1. General biosecurity measures 2. Additional measures 2.1 ...
By means of Resolution 666 of 2020 the Ministry of Health and Social Protection adopts the general biosecurity protocol to mitigate, control and perform the adequate management of Covid-19 pandemic. 1. Purpose Adopt the general biosecurity protocol applicable to all economic and social activities and sectors of the public administration. The biosecurity protocols are orientated to minimize factors that may generate transmission of COVID-19 and are of mandatory compliance. 2 ...
The Department for Business Innovation and Skills has now published its final guidance on the Agency Workers Regulations, which come in to force on 1 October 2011. The final guidance makes the provisions and requirements in relation to pay between assignments clearer especially in relation to annual leave. There has also been a minor change to remove one-off non-contractual bonus payments from the definition of pay ...
The Department for Business Innovation and Skills has now published its final guidance on the Agency Workers Regulations, which come in to force on 1 October 2011. The final guidance makes the provisions and requirements in relation to pay between assignments clearer especially in relation to annual leave. There has also been a minor change to remove one-off non-contractual bonus payments from the definition of pay ...
Witnesses giving evidence before the Commission for Conciliation, Mediation and Arbitration (“CCMA”) should take care when making statements that may expose them to defamation claims. This issue arose in the recent case of Clover SA (Pty) Ltd and Another v Sintwa, in which the High Court heard a damages claim arising from defamatory statements made by a witness while giving evidence before the CCMA ...
Even if an idea for a new invention only exists in the mind of an employee, that idea belongs to the company…unless the contract of employment clearly states otherwise! The importance of ensuring that contracts of employment cover this area has been brought into sharp focus by a recent case in Texas, where the rules are very similar to those in the UK ...
The Employees’ Compensation Ordinance Cap. 282 is a non-fault based system of compensation. Under this scheme, compulsorily-insured compensation is speedily paid to injured employees or their family members. A blameless employer who has paid the compensation upfront may find consolation in s.25(1)(b) of the Ordinance which confers the employer a right of recovery against the wrongdoer ...
During the COVID-19 pandemic, questions about employee health-privacy-related symptoms, testing, and vaccination became prevalent in discussions about the workplace at all levels—from “the water cooler” to national news ...
As organisations start to rebuild post pandemic, many will be considering the introduction or reintroduction of bonuses to their employees. However, when it comes to payment of bonus to those who have had time away from work, employers need to take care ...
In future, it will be much more difficult for Danish companies to make use of special restrictive covenants in connection with hiring employees. That will be the result if a new bill on restrictive employment covenants is adopted. The bill includes a tightening of the rules on the use of non-competition and non-solicitation clauses whereas non-hire clauses will practically be prohibited.On the face of it, the new rules will provide more flexibility for the employees ...
The escalation of fierce competition among companies for more cost effective products and services has raised discussions about Social Dumping, a curious combination of a traditional pure economic concept with labour and employment regulation ...
On Tuesday, Sept. 24, the U.S. Department of Labor (DOL) released the long-anticipated final rule for overtime exemptions, which alters the salary thresholds for several of the Fair Labor Standards Act (FLSA) exemptions. Under the final rule, the salary threshold levels for the white-collar exemptions and the highly compensated employee exemption were increased, making it more difficult for an employee to be classified as exempt under the FLSA. As a result, an estimated additional 1 ...
The Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), enacted by Congress in late December 2022, provides more nursing mothers with reasonable break time to express breast milk after childbirth and requires employers to designate private locations (other than bathrooms) that are free from intrusion and shielded from view for this purpose ...
This is the first in our series of articles in which we will look at how Brexit and the EU-UK trade deal impacts research and development. In July 2020, the Government published its Research and Development Roadmap, which sets out the UK’s ambitious long-term objectives for investment in science and research to deliver economic growth and societal benefits across the UK ...
In the second session of our latest Brexit Insight: Immigration webinar series, we shared some of our and our clients’ experiences on the new immigration system and changes to right to work document checks, 8 weeks on from the end of free movement for EU workers. We also touched upon the new application process and relevant timescales ...
Led by Legal Director of Immigration, Rachel Harvey, and Employment Partner Emma Morgan, this webinar focussed on the considerations many Employers are faced with concerning immigration. This complex and ever-changing area means Employers need to keep a keen eye on any changes or alterations that are made to the current guidelines and rules. The key themes from the webinar and what they mean for employers are detailed below ...
