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U.S. Supreme Court Holds That Closely Held For-Profit Corporations Can Avoid ACA Contraception Mandate

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

First Stop Bullying Orders made by Australian Fair Work Commission

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

EAT examines apparent bias in UK Employment Tribunals

Are you neither complacent nor unduly sensitive or suspicious?  Are you fair-minded, informed and balanced?  Do you often catch buses in Clapham?  In that case, the Employment Tribunal has just the job for you, a role integral to the administration of legal justice, though sadly not paid very well, or indeed at all.    If you … Continue Reading

UK Employment Tribunals share your pain. No, really

Obviously when you hold a high judicial office in the UK you have to be very measured in the reports you can make about your function – no ranting tweets here about your boss/service-users/colleagues/coffee, thank you, or that’s your gong firmly down the drain.   Which makes all the more laudable the very clear disgruntlement discernible … Continue Reading

All roads lead to Rome for EU governing law clauses

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

5 lessons employers can learn from the Paula Deen Scandal

1.  Mind your tongue.  Racial slurs and comments are never appropriate in the workplace and never when used by the boss.  Failing to take action when you learn of employees at any level using racial or ethnic slurs undermines efforts to create a harassment free environment and opens the door to serious liability. 2.  Pay people fairly.  … Continue Reading
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