log in
Submit an Article | Back

Member Articles

Employment & Labor - all

 

Sort By Title  |  Sort By Date

Update: Equal rights to survivor’s benefits for civil partners?
Shepherd and Wedderburn LLP, February 2014

Last year, we reported on the Employment Tribunal’s decision in Walker v Innospec Limited (ET 2411316/2011) that a pension scheme’s failure to provide survivor’s benefits for civil partners equal to those provided for spouses was unlawful discrimination...

"False" Self-Employment and the Gig Economy - Where are We Now?
A&L Goodbody, July 2018

The question of 'employment status', continues to concern many employers working within today's 'gig economy'. The UK Supreme Court recently provided guidance on the correct "label" to be bestowed on 'gig economy' workers. Pimlico Plumbers recently lost an appeal in the UK Courts against a finding that one of its plumbers was a "worker" for the purposes of relevant UK employment legislation – not a self-employed independent contractor...

"Hurricane Harvey" and the Winds of Change
TSMP Law Corporation, January 2018

Have we reached the tipping point in the fight against sexual harassment in the workplace? In late August 2017, Hurricane Harvey struck the Caribbean and the United States, causing unprecedented devastation and destruction. Less thantwo months later, a very different “Hurricane Harvey” followed, one that precipitated a renewed global consciousness over issues of sexual harassment...

"Opportunity Zone Benefits; Nuts and Bolts; and Loose or Missing Screws" By J Leigh Griffith and Shane P Morris Taxes - The Tax Magazine
Waller, February 2019

The Tax Cuts and Jobs Act of 2017 (the “TCJA”) created a new tax incentive designed to encourage long-term investment in low income communities, as defined in Code Sec. 45D(e),1 which are specifically designated as “qualified opportunity zones” (“QOZs”) in accordance with procedures set forth in Code Sec. 1400Z-1...

#MeToo: It May Be Happening in Your Workplace Too
Dinsmore & Shohl LLP, November 2017

The resurgence of the #MeToo campaign highlights that sexual harassment comes in all variations, affects all classes of people, and cuts across all industries. While employers could dismiss the social media moniker as a “them” not an “us” problem, they do so at their peril. People, some of whom may be your employees, are talking, posting, and tweeting, and employers would be wise to listen and revisit their anti-harassment policies...

#NotHere: 5 Steps to Prevent Harassment in the Workplace in Wake of the #MeToo Movement
Dinsmore & Shohl LLP, November 2018

One year later, the #MeToo movement has caused a seismic cultural shift in American society and in the workplace. It continues to gain momentum and attracts wide-sweeping media coverage keeping the issue of sexual misconduct against women at the forefront of our national dialogue...

“Bring Your Own Device” (BYOD): Pros and Cons
Garrigues, July 2013

In the last few years, many multinationals are implementing in their organizations so-called “Bring Your Own Device” (BYOD) policies.  What is “BYOD”? It is a new trend in the management of technological infrastructure within companies where employees bring their own devices to the workplace, thereby reducing the number of devices that companies have to provide to employees, with the consequent reduction in costs...

“No Rehire” Language in Settlement Agreement Found Unlawful Where Not Narrowly Tailored
Hunton Andrews Kurth LLP, October 2018

When negotiating a settlement agreement in an employment dispute, “no rehire” language is often a standard term. This language typically bars the litigating employee from seeking re-employment with the former employer. However, in California, at least one “no rehire” provision was invalidated because it was not narrowly tailored to the employer at issue. In Golden v. California Emergency Physicians Medical Group (“CEP”), CEP terminated Dr...

“Second-Hand” Harassment: Can an Employer Get Burned?
Haynes and Boone, LLP, October 2005

You’ve probably heard about the dangers of second-hand smoke. But what about the employment-related danger of “second-hand” harassment? Consider this scenario: Mr. Jerk, a bank manager in the credit department, repeatedly harasses his administrative assistant, Gina. He invites Gina to have drinks with him, repeatedly touches her shoulders, and brushes up against her. Gina never complains to anyone in bank management about Jerk’s conduct...

“Weingarten” Rights - Flip Flop
Lowenstein Sandler LLP, November 2004

In a far-reaching decision, the National Labor Relations Board (“NLRB”) recently ruled that the right of an employee to have a representative or co-worker present at a investigatory meeting that the employee reasonably believes might result in discipline covers unionized workplaces only...

2012 E-Verify Laws Update
Spilman Thomas & Battle, PLLC, June 2012

On May 26, 2011, in Chamber of Commerce of the United States of America et al. v. Michael B. Whiting et al., 131 S.Ct. 1968 (2011), the Supreme Court of the United States upheld states’ rights to mandate use of the employment verification program (E-Verify) organized by the United States Department of Homeland Security (DHS) and Social Security Administration (SSA)...

2012: Another year of change...
Shoosmiths LLP, December 2012

Yet again, this year has been a busy one for employers, HR teams and their lawyers: employment law changes and decisions from the Courts have kept us all on our toes! Here is a reminder of some of the most significant cases and legal developments of 2012.1. The unfair dismissal qualifying period increased to two years for those employed on or after 6 April 2012. The qualifying period for employees whose employment started before this date remains 12 months.2...

2016 California Labor and Employment Update
Haynes and Boone, LLP, February 2017

2016 California Labor and Employment Legislation SB 3 Raises California's Minimum Wage SB 3 will increase the state minimum wage to $15.00 per hour over the next six years. The bill sets two minimum wage rate hikes, depending on whether an employer has 26 or more, or 25 or fewer, employees. All employers in the state must comply with the new minimum wage law...

6 Key Reasons To Outsource Your Company Payroll
BoardRoom Limited, June 2019

When it comes to running your business, time and resources are best dedicated to core functions that help generate profit and meet the expectations of your customers. The last thing you want to worry about is your payroll! Administrative tasks such as payroll are non-core activities that are time-consuming and can get more complicated as your organisation grows...

7 Tips For Hiring And Firing Employees While Minimizing Legal Liabilities
Dinsmore & Shohl LLP, April 2018

Hiring an employee is exciting — it’s an opportunity for both employer and prospective employee to develop a mutually beneficial and profitable relationship. However, when done incorrectly, hiring can create liability. To avoid turning a potentially promising encounter into a problematic one, VARs and MSPs need to adhere to a few best practices. Ask the right questions. Candidates should be asked similar questions geared toward determining if they can perform the job...

8 Important Things You Should Know About the Employment Non-Discrimination Act
Spilman Thomas & Battle, PLLC, November 2013

The Employment Non-Discrimination Act (“ENDA”) is federal legislation that would prohibit employers from discriminating against potential or actual employees during hiring and employment based on their sexual orientation or gender identity. The Act defines sexual orientation as “homosexuality, heterosexuality, or bisexuality...

A Brave New World
TSMP Law Corporation, May 2018

By this time next year, Singapore will have a rather different employment regime from any it has had since independence. One aspect of this needs to be carefully thought through. About ten years ago, a distressed Norwegian client consulted me. His company’s Singapore office had a toxic employee who not only performed poorly and shirked responsibility, but was also habitually insubordinate to management and offensive to his peers...

A Cautionary Tale: Use of B-1 Business Visitor Visas by Employees
Haynes and Boone, LLP, November 2013

The B-1 temporary visa category is intended to allow foreign nationals to visit the U.S. for temporary business purposes that do not rise to the level of gainful employment. Given the relative ease of obtaining a B-1 visa compared to other visa categories, some U.S. employers have encouraged or assisted foreign nationals in using the B-1 visa category for activities beyond its intended purpose...

A Costly Mistake for Failing to Protect an Employee Against Sexual Harassment
ENSafrica, May 2017

  The Labour Appeal Court ("LAC") judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers are equipped to deal with reports of sexual harassment. A failure to do so can be a costly mistake, as the employer in this decision learnt...

A Glimmer Of Hope For Employers In “Associational” Reasonable Accommodation Cases
Hanson Bridgett LLP, September 2016

As we explained previously, in April 2016 the Second Appellate District held that California’s Fair Employment and Housing Act (FEHA) creates a separate duty to provide reasonable accommodation to an applicant or employee who is “associated” with a disabled person. On rehearing of the Castro-Ramirez v. Dependable Highway Express, Inc. decision (Case No. B261165, B262524), the Court has retreated from its prior holding...

A Manager Responsible for Work-Related Psychosocial Exposure Can Be Dismissed For Poor Performance
Jeantet, July 2017

A regional director was fired for poor performance.According to her dismissal letter, she was terminated because of her behavior that had led a number of co-workers to suffer from stress and harassment. More particularly, the letter pointed out her directive management style and her authoritative leadership, a lack of consistency and honesty, the fact that she aimed at discouraging her team members and did not treat them with respect using an insulting and degrading language...

A New Year’s Resolution for Illinois Employers: Update Policies and Procedures to Comply with New Law Requiring Broad Expense Reimbursement Duties
Dykema, December 2018

Beginning on January 1, 2019, Illinois employers will—for the first time—have to reimburse employees for “all necessary expenditures or losses incurred by the employee within the employee’s scope of employment and directly related to services performed for the employer...

A Pregnant Worker’s Right To Benefits In the Event Of Preventive Withdrawal Pursuant To Section 36 Of the AROHS Does Not Apply To A Business Under Federal Jurisdiction
Lavery Lawyers, August 2014

This decision of the Superior Court of Québec addresses a pregnant worker’s right to preventive withdrawal where said worker is employed by a business under federal jurisdiction.1 In this case, questions of constitutional jurisdiction were raised and the Superior Court confirmed that article 36 of the Québec Act Respecting Occupational Health and Safety2 (the “Act”) is not applicable to businesses under federal jurisdiction...

A Question of the Past: How Much Did You Make at Your Last Job?...
Lowenstein Sandler LLP, May 2017

Joining the trend that began in Massachusetts and has spread to Philadelphia, New Orleans, and Puerto Rico, New York City is the next city to restrict employers from inquiring, at any stage of the hiring process, about a job applicant’s salary history. Proponents of these laws claim they will foster gender pay equity and narrow the pay gap between the sexes; critics assert that such laws violate free speech...

A Radical Departure
Shearn Delamore & Co., October 2018

IN THIS ARTICLE, REENA ENBASEGARAM LOOKS AT THE ISSUE OF RESTRUCTURING THE WAGE SYSTEM OF HOTEL EMPLOYEES.   Introduction Service charge is a practice unique to the hotel industry whereby it is imposed on the bills issued to the customers...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2019