Archives: Guidance

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Desperately seeking substance – BIS Call for Evidence on restrictive covenants

“We want to ensure that when used, covenants are justified, well-constructed, targeted and reasonable. There needs to be a balance which ensures the employer can protect its business interests when staff move on and the worker is not unfairly disadvantaged when they (SIC) decide to leave or start up their own business“. So says the … Continue Reading

UK Business Immigration Update – Changes to Tier 2 of the Points Based System

Following the Migration Advisory Committee’s January recommendations regarding the Government’s proposals to restrict Tier 2 of the Points Based System, the Home Office has now announced the changes that will be implemented across Tier 2. Compared to the initial radical proposals put forward by the Government to restrict Tier 2 last summer, the Home Office’s … Continue Reading

Startling statistics published on maternity-related discrimination in the UK – but don’t believe everything you read

I have never been pregnant, nor do I anticipate any change in that position. The comments which follow concerning last week’s report from the Equality and Human Rights Commission on pregnancy and maternity-related discrimination must please be seen in that light.  However, I hope I have at least retained the ability to distinguish between fact … Continue Reading

Employees may want to take political action against an employer for even suggesting contribution to the PAC committee this year!

With the emotionally charged nature of the current election cycle where so much is at stake for both Democratic and Republican candidates, it’s a good time to review what Political Action Committees (“PAC”) are and what employers can and can’t ask of their employees in terms of participating in PACs. So what are PACs? PACs … Continue Reading

High Court Holds ERISA Preempts State Law Regulating Plan Reporting Requirements

On March 1, 2016, the United States Supreme Court ruled on the scope of ERISA preemption as it relates to reporting requirements. In Gobeille v. Liberty Mutual Insurance Co. [pdf], the High Court held that ERISA preempts a Vermont statute regulating plan reporting requirements. The Vermont law addressed in Gobeille required disclosure of payments related … Continue Reading

Executive Action: Obama’s Legacy and 2016 Predictions (Part 2 of 2)

As promised in our previous post, today we conclude our predictions on President Obama’s 2016 executive activity.  While we believe the President’s final executive orders will target immigration and perhaps even corporate political expenditures, we predict executive agency action will cover a broad range of pressing labor and employment issues.  With federal legislative gridlock expected … Continue Reading

Executive Action: Obama’s Legacy and 2016 Predictions (Part 1 of 2)

Federal legislation in 2015 was plagued by the same congressional gridlock that President Obama has faced throughout most of his presidency. The President has therefore turned to executive action to achieve many of his goals over the past seven years and we expect this trend to continue with gusto in 2016.  Below is a summary … Continue Reading

Acas issues guidance on “legal highs” in the workplace

Don’t trouble yourself with this. It’s only a page long and the messages for employers are shorter still:- (i)         many “legal highs” are actually illegal, but the distinction is broadly irrelevant for workplace purposes.  You should include them as barred under your drugs and alcohol policy, but focus on their impact on the employee’s behaviours … Continue Reading

Sticks and stones – the real story

“Sticks and stones may break my bones but names will never hurt me” goes the childhood rhyme.  Really?  Let’s not kid ourselves.  Words are powerful and can hurt just as much as the childhood alternative of a wrist-burn behind the bike sheds. But bullying is not just an issue in the playground. It is also … Continue Reading

One small step for man in UK Tribunal fee debate – but was it worth going there at all?

Cast your mind back to a time before July 2013 when the perception was that businesses were regularly on the receiving end of Employment Tribunal claims from disgruntled employees and ex-employees. Times were good for lawyers and bad for employers, one might have said.  So sensing a win-win-win (bash lawyers, limit spurious claims against political … Continue Reading

New York City Commission on Human Rights Clarifies Which Positions are Exempt from Newly Effective Credit Check Law

As we covered in a prior blogpost in May 2015, New York City Mayor Bill de Blasio signed into law an expansion of the New York City Human Rights Law impacting how employers may use credit checks.  The “Stop Credit Discrimination in Employment Act,” which became effective on September 3, 2015 (the “Act”), makes it … Continue Reading

New Russian Data Protection Requirements – Latest Position

On 1 September 2015 new requirements relating to the storage of personal data will come into force in Russia.  These changes are highly controversial, as they will require any databases used to process the personal data of Russian citizens to be physically located in Russia. When these changes were first announced it seemed they would … Continue Reading
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