Restrictive covenants in employment contracts are a bit like lifejackets: it’s nice to have them there and you hope that they will fit you in an emergency but you would really prefer not to have to use them. That said, if the time comes and your employees are approached by a competitor in breach of … Continue Reading
Where an employee is absent without leave, how long would it be before dismissal of that employee would be fair? Two weeks? One month? Six months? How about 20 months? That is the question that was faced by the employer in the recent case of Brighton & Sussex University Hospitals NHS Trust v (1) Akinwunmi … Continue Reading
On July 13, the National Labor Relations Board took another step to shift away from the staunchly pro-union agency that has existed over the last eight years. This occurred when the Senate labor committee considered the nominations of Marvin Kaplan and William Emanuel, whom the Trump Administration had put forward for the two vacant Board … Continue Reading
Since 6 May 2014 it has been a pre-condition of starting most Employment Tribunal claims that the employee first refers the matter to Acas for early conciliation. If that process fails for any reason then Acas will issue an early conciliation (EC) certificate to that effect which is essentially a green light to issuing proceedings … Continue Reading
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 ever-vexed question of whether a worker is an employee or independent contractor has once again come before the Australian courts. The recent decision of Balemian v Mobilia Manufacturing Pty Ltd & Anor provides a reminder to employers of the potential financial ramifications of getting this wrong.… Continue Reading
According to ACAS, “at least one in four of us will suffer from a mental health problem at some point in our lives”. A scary statistic, but scarier still is the prospect that this creates an annual cost for UK employers of £30 billion from both absences and “presenteeism” (i.e. turning up for work when … Continue Reading
This post was prepared with the kind assistance of Andy Bell, Deputy Chief Executive of the Centre for Mental Health, a charity dedicated to changing the lives of people with mental health problems by improving support and bringing about fairer policies. Many employers have experience of dealing with prolonged, costly and challenging sickness absences of … Continue Reading
What do we mean when we talk about “mental health”? The World Health Organisation defines mental health as: “a state of well-being in which every individual realises his/her potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community.” The … Continue Reading
A labour lawyer will always get a little shiver of excitement when an employment matter makes it all the way to the Supreme Court. It is a bit like the Royal Family coming to visit your home town, an occasion for lots of fresh paint and bunting. It should also mean that a significant point … Continue Reading
As anticipated, on March 27, 2017, President Trump repealed the so-called “blacklisting” rule that required federal contractors to disclose labor violations when bidding on new or renewed government contracts worth at least $500,000 (we reported on this topic on March 7). The President struck down the blacklisting rule, along with three other regulations aimed at protecting the … Continue Reading
In another roll-back of Obama-era regulations, the Senate voted last night, 49 to 48, to repeal the contractor disclosure rule. This rule required companies bidding on federal contracts valued at more than $500,000 to disclose violations of 14 federal labor laws, including those pertaining to workplace safety, wages and discrimination. Finalized in August and blocked … Continue Reading
If you have not heard about the “Ban the Box” movement, it is time to take notice. Ban the box refers to a check box present on many standard job applications, whereby an applicant is asked whether they have any prior criminal history. Plainly speaking, proponents of Ban the Box initiatives are seeking to eliminate … Continue Reading
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
The US Department of Labor has announced a proposed extension of the applicability dates of the fiduciary rule from April 10 to June 9, 2017 (read our prior blog post here) The proposal, issued March 1, comes in response to a directive from President Donald Trump to review the rule. The proposed extension is intended … Continue Reading
Several recent developments require companies with at least 20 employees in France to update their current internal rules: the new discriminatory criterion (i.e. the ability to speak another language) recently added by law to the list of prohibited ones, the so-called “Sapin Law II” which introduced legal protection for whistle-blowers and the obligation for employers … Continue Reading
17 March marks World Sleep Day. According to RAND Europe, a lack of sleep among UK workers is costing the economy up to £40 billion a year (equivalent to almost 2% of GDP). Sleep deprivation leads to a higher mortality risk over the long term, as well as lower productivity levels and increased risk of … Continue Reading
Last week (9 February) the Employment Tribunal announced that its decisions would be freely available online, allowing searches by name of employer or perhaps prospective employee. You know you want to give your candidate a quick once-over if you can (employers never being strong believers in the view that what you don’t know can’t hurt … Continue Reading
Alexander Acosta is a Florida native and the son of Cuban immigrants, who has a legal background with many years of government service. He is well-credentialed, with an undergraduate degree in Economics as well as a Law degree from Harvard University. He has experience in the public sector, having served in the Department of Justice, … Continue Reading
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
As you may have noticed, today is the fourth annual “Time to Talk” day. The purpose of the Time to Talk day is to seek to break down the stigma of mental health issues and spark conversations, not only to aid recovery but also to help people with their personal and professional relationships and to … Continue Reading
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 California Court of Appeals’ recent decision in Bareno v. San Diego Community College is a good reminder for employers about the pitfalls of terminating an employee based on a “technical” policy violation and how easy it is for an employee to put an employer on notice that the employee is taking a protected California Family … Continue Reading
Following through on his campaign promises, President Donald Trump has issued the first of his Executive Orders on immigration that are directed at enhancing border security, enforcing immigration laws and limiting refugee admissions, among other directives. Below is a summary of these new immigration Executive Orders. We anticipate additional Executive Orders on immigration in the … Continue Reading
