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Webinar: Employment Law Worldview Webinar Series – Australia

Squire Patton Boggs presents a series of webinars focusing on the key labour and employment issues in countries throughout Europe, the Middle East, Asia Pacific and the United States. Presented in English by our local labour and employment law experts, each 60-minute webinar comprises a 50-minute presentation covering key “hot topics” in the featured jurisdiction, … Continue Reading

The beginning of the end for personal service companies in the UK?

HMRC issued a consultation document on 17 July 2015 to explore options for tightening up IR35, the intermediaries legislation that aims to tackle tax avoidance through disguised employment. IR35 requires individuals working through an intermediary (e.g. a personal service company (PSC)) to pay broadly the same tax and NICs as any other employee, where they … Continue Reading

New rules in France concerning “Umbrella Companies” (“Portage Salarial”)

An Order dated 2 April 2015 has formally defined “umbrella companies” and set out the conditions under which they may operate in France. New law in 2008 concerning the modernisation of the labour market had said that a national agreement could entrust a professional sector with the task of organising umbrella companies. However, certain provisions … Continue Reading

Employers of District of Columbia Employees Have One Month Left To Provide Wage Notices To Current Employees

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014, which became effective on February 26, 2015, requires in part that employers provide written wage notices to their D.C.-based employees.  Employers have until May 27, 2015 to satisfy this requirement with respect to their employees who were employed as of the Act’s effective date … Continue Reading

Wisconsin Becomes 25th US State to Pass Right-to-Work Law

On March 9, Governor Scott Walker signed into law Wisconsin’s right-to-work legislation. Like other state right-to-work statutes, this law prohibits any private-sector Wisconsin employer from requiring that an employee be a member of, or pay dues to, a labor union as a condition of hire or continued employment. The law does not affect current collective … Continue Reading

The irritation game – does anyone else notice these things or is just you?

Moving on swiftly from distressing things interviewers can do to job candidates what about the reverse, those things candidates do which most alienate the prospective employer? For the really committed recruiter, this process of irritation can begin well before you go to the trouble of actually meeting the candidate, on receipt of the CV.  … Continue Reading

US 6th Circuit: “Mark of the Beast” or Not, Employers Need Not Accommodate Religious-Based Refusal to Provide Social Security Numbers

Earlier this week, the US Court of Appeals for the Sixth Circuit affirmed the dismissal of a discrimination lawsuit brought by an individual who claimed that FirstEnergy Generation Corp. had illegally failed to accommodate his sincerely-held religious beliefs. And what were those beliefs? That having a social security number (or any identification number, for that … Continue Reading

Teaching agency gives School a hard lesson on UK worker liabilities

The 2010 Agency Worker Regulations require that once an agency worker has been in post for 12 weeks, he should receive the same pay as would a permanent employee of the hirer in the same role.   This is the principle of equal treatment.    Regulation 14(3) makes the agency liable for any breach of equal treatment … Continue Reading

UK’s Coronation Street looks to employment law for next storyline

One of the bastions of British soap opera has seemingly become tired of your run-of-the-mill torrid affaire/grisly murder/dodgy dealings stories and for a bit of dramatic spice has turned instead to the world of employment law. While as lawyers we already know that there is little which makes more compelling viewing than a juicy discrimination … Continue Reading

“Nine rudest things that interviewers do to job seekers”, sort of

For those looking to inject a bit of spice into 2015’s recruitment programme, and courtesy of financial news website, [link], we present “The nine rudest things that interviewers do to job seekers”. This is on closer review a rather limp selection, not close to the sort of ritual humiliation seen or the breathtakingly … Continue Reading

A blog of two halves (Part 3) – Rooney misses open goal

Reported this week on BBC Sport Online are the results of a study funded by Football Against Racism in Europe (“FARE”) into ethnic minority representation in professional football coaching hierarchies. It makes interesting, if faintly one-sided, reading. Taking the six most senior coaching staff at each of the 92 professional Clubs in the English Leagues … Continue Reading

A blog of two halves – can Rooney tackle discrimination in UK football management?

The issue of discrimination in professional football has again come to the fore through public statements by Fifa Vice President Jeffrey Webb in The Guardian newspaper that such discrimination is “overt”. This time attention turns to the under-representation of ethnic minority managers in the English football leagues. In particular, the talk has focussed on the … Continue Reading

Merit is blind

Following on from a series of seminars we delivered in June about how to manage recruitment effectively, I read an interesting piece by Gillian Tett in the FT last week – “A pride that still dare not speak its name in business” (FT, Comments & Analysis, 20 June 2014).  Tett highlights how executives still feel … Continue Reading

Good news for UK users of non-employed staff

Perhaps recognising a shift in the working world to more flexible models and away from the traditional model of master and servant and then employer and employee, the Tribunals have become increasingly willing not to infer employment contracts on top of notionally arm’s-length contractor arrangements.  Good news for users of agency and consultancy personnel.    Two … Continue Reading

A sigh of relief for UK staffing agencies with workers on long-term assignments; no AWR rights for those placed with clients indefinitely

This month the Employment Appeal Tribunal concluded that a number of agency workers employed by Ideal Cleaning Services Limited and supplied to Celanese Acetate Limited as cleaners for periods of 6 – 25 years did not have rights under the Agency Workers Regulations 2010.     To qualify as an “agency worker” under the AWR an individual … Continue Reading

Keys to successful hiring – Part 2

In my post on this blog on 3 October, I explained what JAC Recruitment’s research had shown to be the most common reasons for new hires going wrong – poor performance, mismatch of expectations and relationship issues. In this second piece, I will consider some steps which hirers can take to reduce these risks.  Some … Continue Reading

Keys to Successful Hiring in the UK – Part 1

No recruiter wants “refund cases”, where the client is entitled to a partial refund due to an engagement ending prematurely. We know in the end we must somehow be responsible, even though in the great majority of cases the issues are out of our control.   JAC Recruitment has researched the causes behind early terminations of … Continue Reading

US Federal Contractors and Subcontractors Beware: Your Affirmative Action Obligations are About to Increase

Days ago, on August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule which increases the affirmative action obligations of federal contractors and subcontractors, which have been in place for over 40 years, with regard to individuals with disabilities (IWD) and military veterans.  The Final Rule … Continue Reading

On September 1, 2013, Texas Employers Can Worry Less About Negligent Hiring and Supervision Lawsuits Thanks to House Bill 1188

Governor Rick Perry approved Texas H.B. 1188 which amends the Texas Civil Practice and Remedies Code [pdf] to prohibit most causes of action “against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of … Continue Reading

UK Recruitment Legislation Consultation Response: limited company contractors’ opt-out preserved

In the first quarter of 2013, 286 members of the recruitment sector provided their comments on the Government’s proposals to change the legislation currently regulating that sector, commonly known as the “Conduct Regs”. The Government has now released a document containing a summary of those comments and has confirmed its intentions going forward. By way … Continue Reading