Do you know your Charmanders from your Bulbasaurs? Did you have a preferred method for catching Snorlax? Was your favourite move Hydro Pump? If you have any idea what I am talking about, excellent. If not, please be assured that I am reminiscing about the nineties/noughties phenomenon that was Pokémon and do not require the … Continue Reading
Ignorance may not be bliss for company directors who seek to hide behind the corporate veil. A recent decision in the Federal Circuit Court has notably held that a company director can be found personally liable for breaches committed by a company by virtue of section 550 of the Fair Work Act 2009 (Cth) (FWA). … Continue Reading
The Fair Work jurisdiction in Australia is generally considered a ‘no costs’ jurisdiction, meaning that even if a party is successful in an action, it is usually unable to obtain a costs order against the loser. However in 2012 the Fair Work Amendment Act 2012 (Cth) widened the exceptions to the ‘no costs’ rule by … Continue Reading
Less than a week after a federal judge in Minnesota refused to enjoin the Department of Labor’s new Persuader Rule, and three days before the rule is set to take effect, a federal district judge in Texas has issued a sweeping order prohibiting the DOL from implementing its new rule. We discussed last week how … Continue Reading
We kicked off the week by reminding you the Department of Labor’s (DOL) new “persuader” rules are set to take effect July 1. The DOL’s new rules expand the circumstances under the Labor-Management Reporting and Disclosure Act (“LMRDA”) in which employers, labor consultants, and law firms must report fees and expenses associated with activity aimed … Continue Reading
Starting July 1, law firms doing labor and employment work could be required to disclose information about all of their labor and employment clients unless the firm has agreements in place prior to July 1 with those clients regarding “persuader” activity. The U.S. Department of Labor released new rules in March expanding the circumstances in … Continue Reading
The election promises of Australia’s two major political parties may have few synergies, but one thing they both agree on is that Australia must do more to attract entrepreneurial talent to its shores. To this end, both parties have pledged to introduce a new entrepreneur visa if elected. Information about the criteria of each of … Continue Reading
A recent decision of the Queensland Court of Appeal (QCA) has set the record straight in finding that an aged care provider was vicariously liable for the belittling and aggressive conduct of its manager, and awarding the worker $435,583.98 in damages for a psychiatric injury. Ms Eaton started work as an administrative assistant for an … Continue Reading
The U.S. Equal Employment Opportunity Commission (the “EEOC”) has proposed comprehensive enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964. The EEOC announced this past Thursday that it is seeking public comments prior to issuing its final enforcement guidance. Enforcement guidance documents from the EEOC state the agency’s … Continue Reading
Squire Patton Boggs presents a series of webinars focusing on the key labour and employment issues in countries throughout Europe, the Middle East, Asia Pacific and the United States. Given in English by our local labour and employment law experts, each 60-minute webinar comprises a 50-minute presentation covering key “hot topics” in the featured jurisdiction, … Continue Reading
Last month the Government was hard at work, looking at ways to drive forward the UK economy. What was it doing, I hear you ask…was it Brexit? Was it the EU-US Free Trade Agreement? A potential saviour for the Port Talbot steelworks? British Home Stores? In a word, no. Dissatisfied with the UK placing second … Continue Reading
Article 16 of the Japanese Labour Contracts Act provides that “If a termination lacks objectively reasonable grounds and is not considered to be appropriate in general social terms, it is treated as an abuse of rights and is invalid”. Obviously the terms “objectively reasonable grounds” and “appropriate in general social terms” are ambiguous but here … Continue Reading
The United States Equal Employment Opportunity Commission (“EEOC”) reminded employers this week in no uncertain terms that they are required to provide transgender workers with access to bathrooms that corresponds with their gender identity. A failure to do so – the EEOC warned – runs the risk of violating Title VII of the Civil Rights … Continue Reading
Readers with long memories may remember my blog from a year ago regarding potentially offensive tattoos in the workplace. https://www.employmentlawworldview.com/offensive-tattoos-in-the-uk-workplace-come-on-be-reasonable/ That blog focused on the scenario where an employee bears a tattoo which offends another employee in the workplace, but what about a tattoo that you as employer feel is plainly inappropriate for the working … Continue Reading
After years of contentious litigation, Uber Technologies Inc. has decided not to leave its fate in the hands of jurors. Instead, Uber announced on Thursday that two of the most closely watched class actions against it had settled…for $100 million. In addition to the hefty price tag, Uber made a number of concessions including: Uber … Continue Reading
Tuesday April 12 was Equal Pay Day, just one of the many days this year that placed equal pay in the news. We’ve already apprised you about California’s stringent amendment to the Fair Pay Act and the legal requirements it imposes. In case you missed it, Glassdoor just published a study based on more than … Continue Reading
It is a common issue facing employers; you want to start or take next steps with a grievance or disciplinary investigation. To do the right thing you want to meet with the employee to discuss your concerns but the worker is on sick leave or goes sick, often citing work-related stress. Can you contact the … Continue Reading
It’s a nearly universal truth that all employers have certain rules they have put in place to govern certain aspects of the workplace. Such rules include workplace conduct rules, rules relating to use of social media, solicitation and distribution policies, and the list goes on. Many if not most employers inform employees of these rules … Continue Reading
Here is a question for you – do you know what an agronomist is? Anybody? Well, he/she applies the science and technology of producing and using plants for such purposes as food, fuel, and soil management. Well done if you got that. If not, you heard it first at the Employment Law Worldview blog. I … Continue Reading
According to the Australian Bureau of Statistics, the number of casual employees in the Australian workforce is on the rise, with the highest proportion employed in the retail and building industries. However, how many of these are true casuals and what are the consequences of an employer not getting the relationship right? The recent decision … Continue Reading
Restaurant owners rejoice. The battle over extending tip-pooling arrangements to include employees who do not customarily and regularly receive tips may be reopened in the Ninth Circuit. Again. The dispute over tip-pooling arrangements stems from § 203(m) of the Fair Labor Standards Act (FLSA), which allows employers to establish tip-pools “among employees who customarily and regularly … Continue Reading
On April 4, 2016, the California Supreme Court decided Kilby v. CVS Pharmacy, Inc. [PDF], a long‑awaited decision clarifying the Industrial Welfare Commission’s (IWC) “suitable seating” requirement. The requirement is found in the IWC wage orders. Section 14(A) of nearly all the wage orders states that: “All working employees shall be provided with suitable seats … Continue Reading
New mothers and fathers will soon be entitled to receive fully paid and protected parental leave under the legislation approved unanimously by San Francisco’s board of supervisors. The legislation makes San Francisco the first city in the U.S. to require employers to provide six weeks of fully paid leave for new parents when the city’s … Continue Reading
In the Autumn of 2015, parliamentary elections took place in Poland and the political balance of power underwent a major change. The newly elected parliamentary majority decided to introduce some significant changes to the law and to do so quickly – very quickly. Polish parliamentary sessions take place on a more or less daily basis … Continue Reading
