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) Act 1992 provides that a worker has the right not to be subjected to any detriment by his employer for…

The range of employers who may be liable for the misclassification of workers just got bigger. On January 14, 2021, the California Supreme Court decided that the decision in  Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) applies retroactively to all non-final cases that predate the April 2018 Dynamex decision. Dynamex established the three-factor “ABC test” to determine whether a worker is an employee or independent contractor for claims arising under…

On Friday last week the Financial Times reported on proposals from the Business Department to “rip up worker protections” under the current Working Time Regulations.  But simultaneously on BBC News online, look, it’s the Business Secretary himself denying on twitter any notion that his department is planning to dilute UK workers’ rights.  The very idea. Instead any changes will “protect and enhance workers’ rights going forward“. A glance at the responses to the Secretary’s tweet…

On January 6, 2021, the Department of Labor (“DOL”) announced a final rule clarifying the standard under the Fair Labor Standards Act (“FLSA”) for determining whether a worker is an independent contractor versus an employee. This distinction in critical under the FLSA, as employers must comply with its minimum wage and overtime requirements for employees, but not independent contractors. The regulatory guidance outlined in the final rule regarding independent contractor status is generally applicable across…

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The Department of Homeland Security (DHS) published a Final Rule, which, if left intact, will implement major changes to the H-1B visa program. The new rule would do away with the random lottery system currently used to issue the annual quota of 85,000 new H-1B visas and replace it with a selection system weighted to favor petitions with higher salary offers for the sponsored H-1B worker. This Final Rule, entitled Modification of Registration Requirement…