The Court of Appeal handed down its much anticipated judgment on Friday last week in the joined cases of Royal Mencap v Thompson Blake and John Shannon v Jakishan and Prithee Rampersad (t/a Clifton House Residential Home). The decision provides much-needed clarity on whether workers are entitled to the national minimum wage for each hour during … Continue Reading
Here is a new case which you think initially might be quite helpful on the calculation of holiday pay, but which then suddenly veers off into the contractual undergrowth, and actually isn’t. However, what it does do is administer a sharp lesson about the wisdom of trying to incorporate broad principles into individual employment contracts. … Continue Reading
How often have you had an employee make some vague and unspecific complaint about your “unlawful” or “improper” or “inappropriate” conduct (often among a welter of other gripes and grievances) only to find him later claiming protection as a whistle-blower. Is that sort of gripe really enough for him to gain that protection?… Continue Reading
On Tuesday, June 26, 2018, the Supreme Court upheld President Trump’s travel ban. The Court addressed the legality of the Presidential Proclamation issued on September 24, 2017 entitled, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.… Continue Reading
By Wm. Michael Hanna, Emily R. Spivack, and Dylan Yepez On June 27, 2018, the United States Supreme Court decided in a 5-4 decision that public sector unions may no longer collect so-called “fair share” fees from non-members. The decision will have broad implications for public sector unions and employers. Fair share fees are charged … Continue Reading
Apparently, said the Court of Appeal, the unlawful retention and circulation of confidential material by a union representative “was not a sufficient departure from good industrial relations practice” to justify his dismissal, a conclusion which initially seems little short of perverse, let alone an alarming comment on the state of industrial relations in the UK’s … Continue Reading
In 1974, the U.S. Supreme Court decided in American Pipe & Construction Co. v. Utah, 414 U.S. 538, that the timely filing of a class action complaint tolls the applicable statute of limitations for all persons encompassed by that complaint. The impact of that ruling was that potential class members did not have to intervene … Continue Reading
On April 30, the California Supreme Court adopted in Dynamex Operations West, Inc. v. Superior Court the so-called “ABC test” to determine whether individuals are employees or independent contractors for purposes of determining the applicability of California’s Wage Orders. The Wage Orders govern important employment issues including California’s unique daily overtime regimen and its requirements … Continue Reading
As we know, where an employee is engaged under one or a series of fixed-term contracts for a period of over 2 years, they acquire the right not to be unfairly dismissed. It is also the case that non-renewal of a fixed-term contract will count as a dismissal under the ERA 1996. An employee whose … Continue Reading
In 2012, David Mullins and Charlie Craig visited a Colorado bakery to order a custom cake for their upcoming wedding reception. The owner of Masterpiece Cakeshop refused to design a wedding cake for the same-sex wedding reception, saying he would not use his artistic talents to design a cake that conveyed a message supportive of … Continue Reading
A useful little reminder from the Employment Appeal Tribunal last week that underneath all the practices and codes and assumptions which govern our conduct of HR matters, there is still The Law.… Continue Reading
For the past six years, employers have challenged the National Labor Relations Board’s (“NLRB”) position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring employees to forego class and collective action and instead individually litigate their employment-related claims. (Our prior coverage on this issue has been extensive – see here.) After a long … Continue Reading
On May 10, 2018, the 6th Circuit vacated the District Court for the Western District of Kentucky’s 2013 decision in “Clemons v. Norton Healthcare Inc. Retirement Plan”, No. 16-5124 (6th Cir. 2018). The District Court had granted summary judgment in favor of a class of former Norton Healthcare workers who chose to retire early and … Continue Reading
Ostensibly the Employment Appeal Tribunal’s decision in Bakkali –v- Greater Manchester Buses last week is a faintly technical one about how the required connection with a personal characteristic protected under the Equality Act differs between direct discrimination and harassment.… Continue Reading
On May 9, 2018, the National Labor Relations Board announced an interesting development regarding two key ongoing issues, i.e., the Board’s joint-employer standard and the alleged conflicts of interest of Member William Emanuel. This announcement also sheds light on how the Board may change other areas of federal labor law in the future.… Continue Reading
Not pulling any punches, the United States Court of Appeals for the First Circuit recently issued a decision finding against a disabled former Burger King franchise employee, explaining that although its admittedly harsh decision was a “lesson straight out of the school of hard knocks,” “[n]o matter how sympathetic a plaintiff or how harrowing his … Continue Reading
A unanimous decision by a three-member panel of the National Labor Relations Board (“NLRB”) recently found a New York City restaurant to have violated the National Labor Relations Act (“NLRA” or the “Act”) when it fired four employees after each of them emailed a group of other restaurant employees and owners expressing their positions on various … Continue Reading
On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc ruling in Aileen Rizo v. Jim Yovino, case number 16-15372, holding that employers cannot justify a wage differential between men and women by relying on the employees’ respective wage histories alone. The plaintiff, a female consultant, learned that … Continue Reading
Let’s get our terms straight to start with. Redundancy selection is where you have more than one person (say, A and B) carrying out a role for which the employer’s need has diminished, and then choosing which of them to let go. Bumping is where you have chosen the employee who is notionally redundant but … Continue Reading
In a case of straightforward statutory interpretation, the U.S. Supreme Court held on April 2, 2018 in Encino Motorcars LLC v. Navarro that service advisors employed at car dealerships are exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA). The dispute began in 2011, when service advisors employed by Encino Motorcars, … Continue Reading
Mergers, acquisitions, and sales can be a common event for employers. These types of deals involve many moving parts, from both legal and operational perspectives. Given how complex deals can become, it can be easy to overlook obligations to labor unions when they arise. One recent National Labor Relations Board (“Board”) decision illustrates a key … Continue Reading
On March 8, 2018, the Colorado Court of Appeals issued much-needed guidance regarding C.R.S. 8-2-113(3) in Crocker v. Greater Colorado Anesthesia, P.C. (“GCA”). This statutory provision provides that “any covenant not to compete provision of an employment, partnership, or corporate agreement between physicians which restricts the right of a physician to practice medicine . . … Continue Reading
