New Employer Report Podcasts – Employment Law Changes in APAC, EMEA and LATAM
Latest from The Employer Report
Canadian Court Invalidates Arbitration Clause Requiring Arbitration In Foreign Jurisdiction
An update from our neighbors to the north (with thanks to Chris Burkett, partner in our Toronto office):
In January, the Ontario Court of Appeal (in Canada) overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019 ONCA 1. The Court of Appeal held that an arbitration clause requiring arbitration in the Netherlands of disputes between drivers and Uber to be invalid and unenforceable. Based on the presumption that Uber drivers are employees of Uber, the Court…
Unanimous Case For Class Actions: Illinois Supreme Court Finds BIPA Violations Actionable Even Without “Actual Injury”
On January 25, 2019, the Illinois Supreme Court issued a highly anticipated decision, Rosenbach v. Six Flags Entertainment Corporate et al., extending the reach of the Illinois Biometric Information Privacy Act (BIPA). BIPA is an Illinois privacy law that regulates the collection, use, and retention of biometric data such as fingerprints, face, and eye scans by imposing procedural requirements on corporations that collect the data. Though not an employment case, the decision impacts employers…
What New NLRB Deferral Policy Means For Union Workplaces
This article was originally published on Law360.com.
Taking advantage of an unaddressed area of law, and his virtually unfettered discretion to control the prosecution of unfair labor practice allegations, the general counsel of the National Labor Relations Board has returned the board’s deferral policy to its historical practice. Once again, unfair practice charges in a union-represented workplace will be deferred to the parties’ grievance and arbitration process whenever a grievance has been filed or could…
Emphasizing “Entrepreneurial Opportunity,” The NLRB Returns To Business-Friendly Independent Contractor Test
On January 25, 2019, the National Labor Relations Board reaffirmed its adherence to the traditional common law independent contractor test for determining whether a worker is an employee or an independent contractor under the National Labor Relations Act.
In SuperShuttle DFW, Inc., the Board expressly overruled its 2014 FedEx Home Delivery decision. In FedEx, the Board drastically reduced the significance of entrepreneurial opportunity in the determination of independent contractor status. FedEx emphasized the right…
What Does Brexit Mean For Employees?
What are the people implications of Brexit under a no-deal scenario compared to what is likely to happen if a deal can be reached?
Download our full analysis of the implications for employees, including the impact on the right to travel and work across the EU, employment rights and social security.
In summary
Little change is expected to UK employment rights on 29 March 2019, whether or not a deal is reached.
Any new deal…
Quick Guide To Harassment Prevention Training Requirements Across The US
In the wake of the #MeToo movement, a number of states (and New York City) now mandate workplace sexual harassment prevention training.
The chart below is intended to help multi-state employers keep track of their obligations across the country.…
A Closer Look At Ethnicity Pay Gaps–Spotlight On The UK And South Africa
The recent attention to the gender pay gap has exposed the extent to which women are underrepresented in senior and highly paid roles, but there is similar cause for concern in many parts of the globe in relation to underrepresentation of certain ethnic groups. While this issue is more complex in many regards, there is a clear business case for action.
Click here to read the article which discusses the complexity of the ethnicity pay…
Modern Mobile Workers & The Accidental Expat
Explosive growth in emerging markets has created a significant demand for companies to move workers around the globe to explore and seize new opportunities. At the same time, there has been an equally significant demand for companies to reduce their mobility costs. As a result, traditional employees are now more likely to be sent on short trips to fill specific business or customer needs, and project-based assignments are often more likely to be filled by…
US Supreme Court Rejects A “Wholly Groundless” Exception To Clauses Delegating Arbitrability
Co-authored by Mike Leggieri (Employment & Compensation Partner, SF) and Steven Chasin (Litigation Associate, DC)
To paraphrase Pharaoh Ramses II, so it is written, so it shall be done.
In Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. __ (January 8, 2019), the first opinion by Justice Kavanaugh, a unanimous Supreme Court reiterated this principle of the Federal Arbitration Act. Specifically, the Court confirmed that when an arbitration agreement delegates to an…