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How to make time fly – HR preparation for the GDPR

Exactly one year from today, Brexit notwithstanding, the EU General Data Protection Regulation comes into effect. This is aimed primarily at commercial progressing of customer data but still has significant ramifications for HR’s handling of employee data. Compliance with the Data Protection Act as it stands will not be enough to protect against breaches of … Continue Reading

The Senior Managers Regime in 2018 … a brave new world of regulation

Andrew Pullman explores the serious people challenges for all financial institutions facing the new senior management rules and regulations in 2018   A New World From 2018, the Conduct Rules laid out in the Senior Managers Regime will apply to all financial institutions – we are expecting further details in June 2017. This is an … Continue Reading

Industrial Commission of Arizona Issues Long-Awaited Proposed Rulemaking Regarding Arizona’s Paid Sick Leave Statute

We previously reported that all Arizona employers will be required to make paid sick leave available to their employees beginning on July 1, 2017. The law requires that businesses with 14 or fewer employees provide at least 24 hours of leave annually, and businesses with 15 or more employees provide at least 40 hours of … Continue Reading

What Was Your Prior Salary? No Longer a Question You Can Ask When Hiring in New York City.

Last month, the New York City Council approved legislation that bars employers from asking prospective hires to disclose their past salary. In passing the measure, New York City joins Massachusetts (see our post here), Puerto Rico and the city of Philadelphia in banning the question from job interviews and on applications. (Also see our post here … Continue Reading

U.S. Appellate Court Declares That Title VII Prohibits Employment Discrimination Based On Sexual Orientation

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that discrimination on the basis of sexual orientation is a prohibited form of sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).  And it did so in no … Continue Reading

San Jose Opportunity to Work Ordinance:  What You Need to Know

On November 8, 2016, voters in the City of San Jose approved the “San Jose Opportunity to Work Ordinance.”  The Ordinance is well-intentioned, but open to significant interpretation.  This is important, given the potential exposure to steep penalties and legal liability for failure to comply.  Here, we break down what you need to know, and … Continue Reading

DOJ Seeks Another Extension of Time to Respond In Appeal On DOL Overtime Rule

As we previously reported, in November 2016, a Texas District Court’s temporary restraining order halted implementation of the Obama administration’s Department of Labor (DOL) regulations that were set to expand overtime pay for many US workers starting in December 2016.  The Obama administration’s Department of Justice (DOJ) appealed that order, and asked for expedited review by the … Continue Reading

The DOL Fiduciary Rule: Are Commission Structures for Retirement Investment Advisers a Thing of the Past?

On Wednesday, February 9, a Texas federal judge upheld the U.S. Department of Labor’s (DOL) controversial fiduciary rule for retirement investment advisers — just hours after the agency had asked to stay the case in light of President Donald Trump’s directive to it on February 3rd to conduct an “economic and legal analysis” of the … Continue Reading

Ninth Circuit Court of Appeals Affirms TRO – Stay of Travel Ban Executive Order Remains in Place

On February 9, 2017 a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a Federal District Court judge’s decision (TRO) to temporarily block the President’s Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States. Our previous update regarding the TRO, the current state … Continue Reading

Missouri Becomes 28th State to Pass Right-to-Work Law    

On February 6, Missouri Governor Eric Greitens signed into law SB 19, making Missouri the 28th state to adopt right-to-work legislation.  The law goes into effect on August 28, 2017, and provides that no employee may be required as a condition of employment or continued employment to become a member of a union or to … Continue Reading

Updates on Impact of Travel Ban Executive Order: One Week and Counting

Significant confusion has arisen in the week since President Trump issued his Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States on January 27, 2017. Our previous summary can be found here. Following a frenetic week at U.S. ports of entry and international airports and increased litigation in several … Continue Reading

Los Angeles Joins Growing Number of States, Counties, and Cities Supporting “Ban the Box” Movement

  New ordinance prohibits private employers in the City of Los Angeles from inquiring about applicants’ criminal history before making a conditional offer of employment. On January 22, 2017, the “Fair Chance Initiative for Hiring” ordinance took effect in Los Angeles. The ordinance limit the ability of employers to inquire about a job applicant’s criminal … Continue Reading

The “right to disconnect” in France – there is more to this than you might have read

If you’ve been compulsively checking your works email throughout the holiday season, why not take the opportunity to relocate to France? Since January 1 this year French workers have had the “right to disconnect” outside work hours, say all the Press reports, but the reality is slightly different. The new law lays down no absolute … Continue Reading

Gender pay gap reporting and legal professional privilege – what’s the link?

As we have mentioned in previous blog posts, having a gender pay gap does not mean in any way that an employer has necessarily failed to comply with its equal pay obligations under the Equality Act 2010. But this new obligation to publish pay information is likely to bring the issue of equal pay to … Continue Reading

UPDATED – Additional Executive Order Issued with Immediate Impact on Travel to the United States

On Friday January 27, 2017, the president issued an Executive Order (EO) entitled, Protecting the Nation from Foreign Terrorist Entry Into the United States. The EO has yet to be posted on the White House website but the text can be found here. The purpose of this Executive Order, as stated, is to “protect our … Continue Reading

It’s Time to Update Your Workplace Safety Program to Meet OSHA’s New Anti-Retaliation Guidelines

On January 13, the U.S. Occupational Safety and Health Administration (“OSHA”) issued its latest guidelines for employers to help them keep their workplaces “free of retaliation, including retaliation against employees who engage in activity protected under the 22 whistleblower laws” that OSHA enforces.  While adoption of OSHA’s recommendations is not mandatory, they are intended to … Continue Reading

Ohio Employer Alert: Weapons Policy Review Needed; No Local Sick Leave

During the December lame duck session, the Ohio legislature passed SB 199. Among other things, the law provides that a business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed … Continue Reading

A cynic’s guide to the draft Gender Pay Gap Regulations

So here they are, out yesterday, a strange parallel universe where months last 30.44 days and years 365.25, and where you don’t include pay for periods of leave except when you do. In past blogs here we have criticised Government Regulations and statutory Guidance as too vague, leaving employers unclear whether they are caught by … Continue Reading
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