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Latest from Employment Law Worldview
Extension of IR35 to Private Sector, Part 2 – keeping the right company
The proposed extension of IR35 in April 2020 will make private sector businesses liable to deduct tax on payments to individual contractors operating through personal service companies if the individual would be deemed their employee if it were not for the PSC.…
Arizona Court of Appeals Strikes Down Law Restricting Local Governments From Requiring Private Employers To Provide Benefits That Exceed State Law Requirements (US)
In 2006, Arizona voters approved a ballot measure which resulted in the passage of the Arizona Minimum Wage Act and established a state-wide minimum wage (currently $11.00/hour). This law also permitted individual Arizona counties, cities, and towns to regulate both the minimum wage and the employee benefits to be provided by private employers located within their geographic boundaries. That meant that local governments could establish a minimum wage higher (but not lower) than the statewide…
Former NLRB Chairman Pearce Withdraws From Consideration for Open Board Seat (US)
Former National Labor Relations Board (“NLRB” or “Board”) two-term Chairman and Member Mark Gaston Pearce announced on February 6, 2019 that he would not seek renomination to the Board. Mr. Pearce – a former union-side lawyer who was appointed by President Obama – served until the end of his second term on August 27, 2018. To the surprise of many, given his active role in deciding many union- and employee-friendly decisions, including the now infamous…
The earth is doomed, and other reasons not to send an employee on leave (UK)
The New South Wales Civil and Administrative Tribunal in Australia last year awarded an employee AU$20,000 in compensation for pain and suffering where her employer forced her onto “personal leave” for assumed mental illness based on her discussion of conspiracy theories in the workplace. Though an Australian case, it contains valid lessons for UK employers too.…
Webinar: De-coding the Complex Indian Employment Landscape
Squire Patton Boggs presents a webinar intended to de-code India’s complex employment landscape. There are a multitude of employment laws to be taken into account, some of which date back to the early part of the last century. As one of the world’s fastest-growing economies over recent years, India’s employment legislation has needed to adapt to the global economy and we have seen a number of legislative changes, with more on the horizon.…
H-1B Update: DHS Publishes Final Rule Amending Application Process for upcoming H-1B Lottery (US)
Older, Wiser, and Out of Luck: Seventh Circuit Decision Limits Job Applicants’ Right to File Age Discrimination Claims (US)
On January 23, 2019, the Seventh Circuit Court of Appeals (which hears appeals from the federal district courts in and for Illinois, Indiana, and Wisconsin) issued an en banc decision in Dale E. Kleber v. CareFusion Corporation, a case in which the court wrestled with whether applicants for employment may successfully pursue disparate impact claims under the Age Discrimination in Employment Act (ADEA), the federal law that prohibits discrimination in employment on the basis…
Extension of IR35 to private sector, Part 1 – no risk of premature elucidation (UK)
Why are we starting to talk now about a change in tax laws which won’t apply until April 2020? Because what you do now can materially alter how big a bite HMRC takes out of your business when we get there.…
Extending redundancy protection for new parents (UK)
The UK government last week issued a consultation on “extending redundancy protection for women and new parents”.
The proposals would mean that women who have recently returned to work after a period of maternity leave would have the same protection as women on maternity leave in a redundancy situation. The government’s provisional view is that six months would be an appropriate period of “return to work” protection. This is perhaps based on one of the…