Flexible Working

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Spain’s new decree on remote working

A new decree (Royal Decree-law 28/2020) was passed on 22 September to regulate remote working in Spain. As for many countries worldwide, Spain has recently seen a marked increase in the number of employees working from home as part of its bid to decrease physical contact between individuals and curb the COVID-19 pandemic. Prior to … Continue Reading

The joy of six – but cold comfort for UK employers in latest pandemic measures

So what price now,  your long-planned initiative for returning your workforce to the office?  How much of your RTO plan is still standing among the smoking wreckage of the Government’s message only two months ago that employees should “start to go back to work now” if they can?  What does Michael Gove mean by the … Continue Reading

“Go back to work or risk losing your job” – fact and fiction in the return to the workplace (UK)

Friday’s headline in The Telegraph above heralds the launch of a new Government campaign to encourage those currently working from home back into their physical offices.  A series of noticeably unnamed Government Ministers and “sources” told the paper that “bosses at struggling firms will find it easier to hand out P45s to people they never … Continue Reading

Post-lockdown flexible working, Part 3 — the big questions (UK)

If we are right to think that the unravelling of lockdown will be accompanied by a sharp increase in the number of employees requesting to work from home, then many employers will shortly start to face some serious posers in relation to the flexible working scheme. These are not new questions, but will be thrown into … Continue Reading

Post-lockdown flexible working, Part 2 – making it official (UK)

By now, many employees working from home in the lockdown will have made quite firm decisions around how they wish to operate going forward.  Some will have decided that there is nothing in their lives quite like their family and, for that reason, that they wish to extend their WFH indefinitely.  Others, on probably very … Continue Reading

Post-lockdown flexible working, Part 1 – can you still say no? (UK)

The world of work has remained broadly the same for the last 100 to 200 years – offices might have lost the wood panelling, trains become less smoky (inside and out!), top hats turned into bowler hats then no hats, beards have gone in, out, then back into fashion,  but the central tenet remains – … Continue Reading

WEBINAR 16 March 2020: Addressing Coronavirus Practically and Legally: What US Employers Need to Know

The coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” is now impacting employers all across the US.  Every organization should have a plan of action in place concerning the coronavirus as the threat of an outbreak at your workplace cannot be ignored. Please join us for a live webinar on Monday, March 16, 2020 … Continue Reading

Illinois and City of Chicago Poised to Implement New Laws Addressing Changes in the Workplace – Signs of Things to Come? (US)

Illinois Restricts Use of Artificial Intelligence in Hiring On May 29, 2019, the Illinois Legislature unanimously passed the Artificial Intelligence Video Interview Act, which, not surprisingly, addresses how employers use artificial intelligence to analyze job applicant video interviews to determine the applicant’s fitness for the position.  Under the new law (assuming it is signed by … Continue Reading

California Federal Court Finds That “Gig Economy” Workers Are Independent Contractors, Not Employees (US)

Uber, Lyft, Airbnb, Postmates, DoorDash.  All are companies participating in what has been labeled the “gig economy,” where tasks are performed by workers on a short-term or freelance basis rather than through long-term or permanent employment.  As more people participate in this new, mostly smartphone application or Internet-based work model, litigation has followed centering on … Continue Reading

“Time is an illusion. Lunchtime doubly so” – who is responsible for overtime working?

Way back in, ooh, last month we reported on Carreras –v- UFPS, a case on the extent to which an employer’s expectation of overtime working could be the basis of a disability discrimination claim even where it was the employee’s conduct which had generated it https://www.employmentlawworldview.com/when-overtime-goes-bad-employers-duties-to-clarify-expectations-for-disabled-staff/. As if to shed some further light on that … Continue Reading

Federal Appeals Court says No ADA Violation In Denying Worker’s Request to Telecommute

From Lauren Kuley via Squire Patton Boggs’ Sixth Circuit Appellate Blog: On April 10, the Sixth Circuit issued a significant decision on telecommuting accommodations for disabled employees.  In EEOC v. Ford Motor Co., a divided en banc Sixth Circuit affirmed summary judgment for Ford on claims brought under the Americans with Disabilities Act by the Equal Employment Opportunity … Continue Reading

Arizona Lawmakers Propose Paid Sick Leave, Meal & Rest Breaks, and Discrimination Law Changes

Earlier this month, Democrats in the Arizona legislature introduced three measures that would significantly change the legal landscape for Arizona employers.  While none of the bills are likely to be passed by the Republican-controlled Legislature or be signed by newly-elected Republican Governor Doug Ducey, the proposed laws nonetheless have gotten Arizona employers’ attention. Most recently, … Continue Reading

End of the Week Roundup – Paid Sick Leave and 2014 Unionization Rates

Two brief items to pass along as we head into the weekend: In his State of the Union address earlier this week, President Obama urged passage of the Healthy Families Act, a measure that would require private sector US employers to allow employees to accrue up to seven paid sick days per year (see our … Continue Reading

New UK Flexible Working regime – the word on the street

Depending on what you read and who you believe, today’s opening-up of eligibility to request flexible working to all employees with six months’ service or more will be:    (i)         the unleashing of an unstoppable tide of cost, inconvenience and Tribunal claims; or   (ii)        no big deal.   Perhaps by the time you read this, there will … Continue Reading

Contradictory Acas guidance mars introduction of new UK flexible working regime

Braced for Monday?  D-Day on the new Flexible Working rules has finally arrived, and with it, some new questions for employers.   Whether or not you expect waves of new flexible working applicants storming up your company’s beaches first thing on Monday morning may depend on the nature of your business. A CIPD survey in 2012 … Continue Reading

Brevity not the soul of wit for new Acas Code on Flexible Working

Acas has now issued its draft Code of Practice on “Handling requests in a reasonable manner to work flexibly” (sic).  This anticipates the coming into force on 30 June this year of a general eligibility to request flexible working and the replacement of the old rigid procedures with a blanket obligation on the employer to … Continue Reading
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