On 3 June 2014 we wrote about the new addendum to the SYNTEC National Collective Bargaining Agreement and the possible implications for French employers. By way of follow-up, from 1 August 2014, all companies covered by the SYNTEC CBA will be required to comply with the new addendum, not just those employers who are members … Continue Reading
The Russian President recently signed a new law (Law No: 116-FZ) that will make major changes to secondment arrangements in Russia. Although the legislation is not due to come into force until 1 January 2016, employers operating in Russia should be taking the proposed changes into account now when considering putting secondments in place. First … Continue Reading
Certain occasions call for a celebratory drink in the workplace – a colleague departing, a deal gone well or perhaps the end of a hard week. Yet from now on employees in France might have to rethink the way they mark such events. On 3 July, the Journal Officiel published a Decree stating that it … Continue Reading
The U.S. Supreme Court, in Harris v. Quinn decided on June 30, 2014, declined the opportunity to overhaul the structure of public sector “fair share” fees that applies in most public sector labor contracts today. That structure was created in the Court’s 1977 Abood v. Detroit Board of Education case, which found that public sector … Continue Reading
Today is the day that the California Minimum Wage increases from $8 per hour to $9 per hour. In addition, because of this change the minimum monthly salary for employees in exempt executive, administrative and professional positions increases from $2,773.33 per month ($33,280 annually) to $3,120 per month ($37,440 annually). Check with your payroll folks … Continue Reading
The Supreme Court has issued a 5-4 decision in which it found that closely-held for-profit corporations can avoid the mandate under the Affordable Care Act (ACA) that requires the provision of birth control coverage to their employees. In reaching their decision in Burwell v. Hobby Lobby and Conestoga Wood Specialties v. Burwell, the justices determined … Continue Reading
As part of its push to simplify employment law and regulation, but using the word “simplicity” in its very loosest sense, the French Government has introduced new rules governing the use of part-time contracts. The key changes for French employers to note are that part-time employees must usually be offered a minimum of 24 hours’ … Continue Reading
Gender is a hot topic in the business world at the moment – and nowhere more so than in Japan. Back in January, Prime Minister Abe gave a special address at Davos in which he announced his intention to make Japan “a place where women shine.” This week, he announced his Growth Strategy setting out … Continue Reading
In a long-awaited decision that employers hoped would clarify the enforceability of arbitration agreements under California law, the California Supreme Court in Iskanian v. CLS Transportation [PDF] split on the two issues before it. The California high court held that class action waivers in arbitration agreements are enforceable but that waivers of claims under the … Continue Reading
Following on from a series of seminars we delivered in June about how to manage recruitment effectively, I read an interesting piece by Gillian Tett in the FT last week – “A pride that still dare not speak its name in business” (FT, Comments & Analysis, 20 June 2014). Tett highlights how executives still feel … Continue Reading
Sarah Jones, a high school teacher and former Cincinnati Bengal cheerleader, discovered several nasty posts about herself on TheDirty.com. The anonymous writer took stabs at her looks, and claimed she was not only promiscuous, but infected with sexually‑transmitted diseases. The website operator refused Jones’ requests to remove the posts, so she sued the site for … Continue Reading
Back in January 2013, my colleague David Whincup published a blog about an Iowa dentist who dismissed his assistant because of the threat which his wife considered her to pose to their marriage. For those happy few who have spent the last 17 months wondering what would happen in similar circumstances in the UK, wonder … Continue Reading
The claimant was an employee of a cleaning company and until June last year worked as a so-called “sitter” at a large shopping center in Oberhausen. Her principal duties were to supervise the collection plate in the entrance area of the public restrooms where those using the facilities could voluntarily leave a small amount of … Continue Reading
On 11 April 2014, we published an Alert concerning a new addendum to the SYNTEC National Collective Bargaining Agreement in France. This change generated extensive worldwide media coverage, including reports that the agreement “involved a million French employees”, that working after 6pm “had become illegal” and that French employees were now “forced to switch off … Continue Reading
On 1 January 2014, the Fair Work Commission (FWC) gained the jurisdiction to make “stop” orders in relation to bullying. In March, the FWC handed down its first Stop Bullying Orders. The Orders, made by Senior Deputy President Drake in the case of Applicant v Respondent PR548852, were made by consent following a conference between … Continue Reading
For any employer the ramifications of the Upper Tier of the Tax and Chancery Chamber upholding the decision of the First Tier in Reed Employment PLC –v- HMRC are worth consideration. You will remember that Reed provided daily travel and subsistence for 500,000 of its temporary workers under a salary sacrifice arrangement over the period … Continue Reading
This post is a “conversation” between Barbara Wilson of Working with Cancer and Alex Tambourides, Hammersmith and Fulham MIND. BW: I do find it shocking though not surprising that although research shows over 80% of those who are working when diagnosed with cancer want to return to work, over 57% have to change their jobs … Continue Reading
May 2014 The Home Office has issued a draft Code of Practice on Preventing Illegal Working and the Civil Penalty Scheme for Employers which introduces a number of key changes relating to employee right to work checks. As most employers will be aware, the Immigration, Asylum and Nationality Act 2006 imposes a responsibility on employers … Continue Reading
The Department of Homeland Security (“DHS”) has announced a proposal that would extend employment authorization to spouses of certain H-1B workers, as well as a proposal that would remove obstacles for certain groups of highly‑skilled workers to remain in the United States. The new rule is the latest in a series of administrative actions President … Continue Reading
An amendment to the Syntec National Collective Bargaining Agreement (CBA) – the Bureau d’Etudes Techniques, Cabinets d’ingénieurs-conseils et Sociétés de Conseil – signed on 1st April 2014 received a lot of publicity in the UK, even more than in France. See our earlier post https://www.employmentlawworldview.com/french-disconnection-have-employees-in-france-been-banned-from-checking-work-email-after-6pm/. The foreign press has made a big deal out of … Continue Reading
Un avenant à la Convention collective des Bureau d’Etudes Techniques, Cabinets d’ingénieurs-conseils et Sociétés de Conseil dite « Syntec » signé le 1er avril 2014 a beaucoup fait parler de lui, notamment outre-manche. La presse étrangère a fait des gorges chaudes de ce texte. On a pu lire que cet accord concernait un million de salariés français, … Continue Reading
It has been reported in the UK press that union lobbying in France has resulted in certain employees in the digital and consultancy sector being required to switch off their work phones and to avoid looking at work emails outside normal office hours, which are taken to be before 9am and after 6pm. As this … Continue Reading
From 5 April 2014 HMRC intends to target contrived arrangements which create “artificial divisions between the duties of a UK employment and an employment overseas in order to obtain a tax advantage”. The new legislation is expected to bring in £245m over the next 4 years. It remains unclear why such new legislation is even … Continue Reading
The management of long term sickness absence cases can be difficult. This is particularly so if an employee is reluctant to provide information about his condition and prognosis. This is often amplified by the fact that in keeping with the Australian Medical Association guidelines, many medical certificates only state that the employee is unfit to … Continue Reading
