Originally posted on Squire Patton Boggs’ Sixth Circuit Appellate Blog Sometimes federal courts of appeals get to play the lottery. The prize is not millions of dollars, but the chance to adjudicate every challenge to a particular federal agency action filed in federal circuit court. The Sixth Circuit won that lottery yesterday afternoon. At issue is OSHA’s … Continue Reading
The Employment Appeal Tribunal recently handed down its judgment in Augustine v Data Cars Ltd. The case concerned a taxi driver who alleged that his pay had fallen below the National Minimum Wage, but the arguments upheld by the EAT have far wider significance than the cabbing industry – they extend to any employer with … Continue Reading
The Court of Appeal confirmed in Gwynedd Council – v – Barratt and Hughes last month that the failure to offer an employee the right to appeal against his dismissal will not inevitably make the termination unfair but is merely one piece of the puzzle in a range of factors which are considered when determining … Continue Reading
Periodically a case comes along to remind us that underneath all good dismissal practice, Acas guidance and the rest is The Law, and that The Law is sometimes less rigid in its requirements of a fair dismissal than all that guidance might suggest. Moore -v- Phoenix Product Development Limited is today’s such case, an everyday … Continue Reading
Workplace romances are a tale as old as time. According to a 2020 study conducted by the Society for Human Resource Management (“SHRM”) and the University of Chicago’s AmeriSpeak Panel surveying 696 American workers, 27% admitted to having romantic relationships with their work colleagues, and about 27% of those workers indicated that they dated someone … Continue Reading
With the end of the Coronvirus Job Retention Scheme now only half a dozen weeks away we are seeing the first reported Employment Tribunal decisions around the interplay of the CJRS and redundancy dismissals. This brings us the beginnings of an answer to the challenge many employers will have faced since the Scheme was introduced … Continue Reading
Issuing the California Supreme Court’s decision in a much anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC that “[t]he calculation of premium pay for a noncompliant meal, rest, or recovery period, like the calculation of overtime pay, must account for not only hourly wages but … Continue Reading
In our webinar last week we touched on the existence of a largely unique remedy for whistleblowing dismissals, the concept of interim relief, more recently and lucidly known as a contract continuation order (“CCO”). Time did not permit a full rehearsal of the ins and outs of this potentially devastating employee tool, so here is … Continue Reading
Squire Patton Boggs Summer Associate Sydney Finley summarizes a recent opinion from the United States Court of Appeals for the Fourth Circuit addressing an employers’ obligation to provide job-sharing as a reasonable accommodation under the Americans with Disabilities Act. The United States Court of Appeals for the Fourth Circuit—which covers Maryland, North Carolina, South Carolina, … Continue Reading
The Forstater – v – CGD Europe gender identity case last week has attracted a great deal of coverage for its conclusion that beliefs that gender is fixed at birth and immutable are worthy of respect in a democratic society. Actually, the key point to the case in practical terms is something else entirely, a … Continue Reading
This is of course not what the Newcastle Employment Tribunal said, nor is “Unless a company has specifically forbidden employees from socialising while ill they are free to do what they like” or “Going to the pub while off sick is not a sackable offence”. However, the reality would not illuminate the pages of yesterday’s … Continue Reading
Back in May last year we posted a piece on the protections available to employees who choose to leave their workplace because of serious health and safety fears. As the RTO process begins to warm up, here is an Employment Tribunal case (possibly the first, but certainly not the last) which looks at the practical application … Continue Reading
It’s not natural for our freedoms and permissions to be limited in the way they have been since last March, so whatever one’s own views, it is hardly surprising that some have found those restrictions hard to swallow and have railed against COVID-19 related rules, state imposed or otherwise. The requirement to wear masks in … Continue Reading
It was what seems an eternity ago in July 2018 that the Court of Appeal handed down its judgment in the combined cases of Royal Mencap v Thompson Blake and John Shannon v Jakishan and Prithee Rampersad (t/a Clifton House Residential Home). A link to our blog post at that time is here. Readers will … Continue Reading
King –v- Sash Window Workshop Company was a particularly difficult European Court of Justice case for businesses in the gig economy. It suggested that where a worker was not provided with an adequate facility to take the paid leave to which he was entitled by that status under the Working Time Regulations (in particular, because … Continue Reading
On Monday, March 15, 2021, the Ninth Circuit Court of Appeals reversed, in part, a district court’s order denying a federal Equal Pay Act (“EPA”) claim filed by a former University of Oregon tenured psychology professor who claimed she was paid significantly less than her male colleagues. The decision serves as a reminder to employers … Continue Reading
ISS Facility Services – v – Govaerts was a European Court of Justice case in March 2020 concerning what happened where the work being done by a group of employees was split up and all sold or contracted off in different directions. Traditionally the UK view has been that the employee would go with whichever … Continue Reading
Look, it’s certainly not for me to criticise efforts being made by HM’s Courts and Tribunals Service to explore and improve how justice is best delivered during the pandemic and beyond. So the recent arrival in my inbox of a survey on the point being conducted by an independent external organisation IFF on behalf of … Continue Reading
Mr Page was a magistrate of strong Christian conviction. After many years’ blameless services in that role he began to hear family cases and in 2014 he presided over an adoption application by a same-sex couple. All the other factors pointed in favour, but Page refused to sign off on it on the grounds of … Continue Reading
As a rule, an employer will be liable for the discriminatory acts of its employees towards each other unless it has taken all reasonable steps to prevent them doing that sort of thing (section 109(4) Equality Act, often known as the “statutory defence”). Allay (UK) Limited –v- Gehlen is one of really not very many … Continue Reading
Today’s word is “Avizandum”, which the internet tells me is the name of the King of the Dragons, mate of Zubeia and father Azymondias, respected by all the elves as the most powerful creature in the whole of Xadia. Clearly. Whether the elves would have taken the same view if aware that the King of the … Continue Reading
A recent decision from a federal appeals court highlights the perils for employers associated with lax recordkeeping of employee work hours and wage information. It is well-established that every employer covered by the Fair Labor Standards Act (“FLSA”) is required to keep certain records for each covered non-exempt worker (i.e., those that are paid on an hourly … Continue Reading
UPDATE: On January 21, 2021, the defendants filed a motion with the district court for permission to take an interlocutory appeal to the 11th Circuit Court of Appeals on the following question: “What causal standard is required to establish that a plant closing or mass layoff is “due to any form of natural disaster” under … Continue Reading
The Employment Appeal Tribunal has recently handed down a judgment which serves as a useful reminder for employers of the risks of taking disciplinary action against union representatives for behaviour which may look like misconduct but which actually constitutes union activity. By way of background, section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) … Continue Reading
