How many letters have you written suspending an employee facing some form of disciplinary enquiry or dismissal, assuring him earnestly that it is a neutral act and in no way presumes any guilt?… Continue Reading
As followers of our blog know, we have been closely watching developments over the past few years involving the tension between the National Labor Relations Board and the courts concerning whether arbitration agreements that require employees to resolve most employment-related disputes in individual arbitration proceedings, and bar the use of class or collective action … Continue Reading
On April 3, 2015, we reported that the Securities and Exchange Commission (SEC) had sent letters to numerous publicly-traded U.S. companies requesting their nondisclosure agreements, severance and settlement agreements, and other contracts entered into after the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) to determine whether the documents unduly interfere … Continue Reading
In the absence of any right at common law or under Australia’s Fair Work Act 2009 (Cth), the general rule is that gardening leave must be conferred by an express power in an employment contract. In a remarkable decision by the Victorian Supreme Court in Australia it was held that the employer’s power to direct … Continue Reading
The U.S. Supreme Court has once again reinforced its interpretation of the Federal Arbitration Act, ruling on December 14 that a California state law prohibiting class action waivers in arbitration agreements may not trump the Court’s earlier decision in favor of enforcement of arbitration agreements. In the four years since the Supreme Court’s decision in … Continue Reading
There’s never been a more opportune time for employers in Australia to review their contracts and policies than now, with the NSW Supreme Court this week awarding more than $3 million to a chief executive after finding his employer’s redundancy policy was incorporated into his employment contract. Mr James was the CEO at ABN AMRO … Continue Reading
Any skeletons in your workplace cupboards? Never too late to dust them down, it appears from the High Court’s decision in Williams -v- Leeds United Football Club earlier this month. Mr Williams had a 12 month notice entitlement from Leeds and a basic salary of around £200,000. On 23 July 2013 he was given notice … Continue Reading
Last week, the Delaware Chancery Court in Ascension Insurance Holdings, LLC v. Underwood refused to grant injunctive relief to a Delaware company seeking to enforce a non-compete agreement against a California resident. In that case, Mr. Underwood, a California resident, participated in a sale of business assets and their associated goodwill to the Delaware company. … Continue Reading
From Greg Viviani via our Global Compensation Insights blog: In M&G Polymers USA, LLC v. Tackett, the U.S. Supreme Court has opened the door for many employers to re-examine their ability to alter or amend retiree benefit plans. The Court rejected a long-standing presumption in the Sixth Circuit of the U.S. Court of Appeals (Michigan, Kentucky, Ohio, … Continue Reading
On January 20, the United States Supreme Court denied a motion for certiorari filed by CLS Transportation which was appealing the California Supreme Court’s decision in Iskanian v. CLS Transportation, about which we blogged in June. While Iskanian generally vindicated employers’ right to enforce class action bans in arbitration agreements, the California Supreme Court distinguished … Continue Reading
What’s the verdict? Australian employers awaiting the High Court decision on CBA v Barker [2014] HCA 32 have not been disappointed. Yes, employers can finally breathe a sigh of relief, with the High Court effectively overturning the decision of the Full Court of the Federal Court on this issue. The High Court has determined that … Continue Reading
A strong message to employers from the Court of Appeal this week to check your restrictive covenants, but this time to do it properly. None of that just casting an idle eye over the relevant page of your executive’s contracts – description of territory, tick; vague reference to competition, tick; not wholly fanciful restraint periods, … 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
Following on from Ellen Inglis’ piece on Kerry Miller, the Burton Albion Football Club administrator who sent ‘sexy selfies’ to players half her age, comes a tale from ‘football’ on the other side of the Atlantic, of players, cheerleaders, rules and mild condescension. The Oakland Raiders, with their skull and crossbones logo and rabid fans, … Continue Reading
Many of the provisions of the new law passed in June 2013 relating to part-time employment came into force on 1st January. These provisions include a minimum of 24 hours’ work per week (which may be waived in certain cases) and an increased rate of salary for extra hours from the first hour of overtime (previously, … Continue Reading
It seems obvious that key principles of contract law could be considered by a Tribunal when evaluating the terms of an employment contract, though this seems to have been up for debate recently in Cleeve Link Ltd v Bryla. Thankfully, the Employment Appeal Tribunal has clarified the position and provided helpful guidance on the scope … Continue Reading
Schlecker v Boedeker C-64/12 concerned a dispute over the correct law applicable to an employment contract in the absence of an express governing law clause; the dispute provided the European Court of Justice with a timely opportunity to reiterate the correct application of the Rome Convention to employment contracts. The Convention allows parties to a … Continue Reading
Days ago, on August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule which increases the affirmative action obligations of federal contractors and subcontractors, which have been in place for over 40 years, with regard to individuals with disabilities (IWD) and military veterans. The Final Rule … Continue Reading
In recent webinars and workshops we have discussed the issues presented by the use of social networking sites, particularly LinkedIn, by employees who leave to join a competitor or set up on their own. Last week, written judgment was handed down in relation to an injunction application in the case of Whitmar Publications Limited v … Continue Reading
Earlier this month, the New South Wales Supreme Court in Australia ordered costs against an employer which funded an employee’s defence of restraint proceedings instigated by his former employer. HRX Pty Ltd v Scott is the latest in a series of legal spats involving human resourcing companies Talent2 and HRX. In this case, HRX employed … Continue Reading
In a recent New South Wales decision, the Supreme Court of Australia found that television company Seven Network (Operations) Limited (Seven) was entitled to final injunctive relief against UK former Spice Girl Mel B(rown), who sought to work on a competing television talent program in breach of her contract to provide exclusive services to Seven … Continue Reading
I have been thinking some more about the Government proposal for employees to acquire shares in their employer in exchange for signing away some of their employment rights. Instinct and experience tell me that shared ownership is generally a good thing, it can strengthen the commitment of employees to the goals of the organisation in … Continue Reading
Companies often tell staff how the bonus pool is doing during the fiscal year. According to a new decision of the German Federal Labour Court greater caution should now be exercised in this regard. The employees received an annual bonus payment awarded at the employer’s discretion. In August 2008 the employer formed a view of … Continue Reading
You were probably as surprised as we were to hear yesterday that George Osborne was entreating the workers of Britain to unite. It soon turned out that George is not swapping his pinstripes for a hammer and sickle. Rather, he is proposing a faintly unlikely unison between employers, employees and the taxman. Under a new … Continue Reading
