Employment Law Worldview

Blog Authors

Latest from Employment Law Worldview

If you have been one of the many wilting at work in the Great British Heatwave of 2018 (or what I believe many other countries just call “summer”), panic not – Acas has issued new guidance to help ease your working day. Or not. Including such gems as “check with your local train company” to see if the hot weather will affect your journey to work, and the priceless “if you have air conditioning,…
The Social Security Administration (“SSA”) recently announced that in 2019, it will restart its mismatch letter notification program.  Through “mismatch” letters, formally titled “Employer Correction Requests,” the SSA notifies employers that the social security number (“SSN”) and name reported for one or more employees does not match SSA records.  These notification letters advise employers that a SSN mismatch is not an assumption of SSN falsification or other misconduct.  Mismatches can be caused by typographical errors,…
Over the last week, the National Labor Relations Board has sent signals that it will significantly change how it addresses certain employer property rights and processes unfair labor practice charges. Although these developments concern relatively nuanced issues, they likely will affect both union and non-union employers in important ways.…
Part 7 of this series looked at how far an employer might be exposed if employees whose images were used in internal or external marketing or other corporate communications then withdraw their consent to that processing. Our Global IP and Technology team has now provided some useful further thoughts on this risk, accepting that the practical import of the new law in this area remains unclear, but offering some guidance in the meantime. Essentially, the…
So now the House of Commons Business Energy and Industrial Strategy Committee has recommended the extension of Gender Pay Gap reporting to employers with over 50 staff, a colossal expansion from the 10,000 or so businesses caught by the current minimum 250 employees requirement. When those smaller businesses turn their attention to compliance with those Regulations, what will they find awaits them? Without in any way seeking to undermine the very worthy objectives of the…
At present there is no legal obligation to do anything more with your pay gap than publish it on your website, not necessarily accompanied by any form of explanation or other comment at all. Most employers caught by the current gender pay gap regulations (about 10,000 of them) have added some form of narrative, but these vary very widely in terms of length, style and in particular, statements of intention to do anything concrete about…
On July 26, 2018, the California Supreme Court ruled in Troester v. Starbucks Corporation that the federal de minimis doctrine does not apply to a California employee’s class action wage claims.  This ruling will have widespread impact, particularly on those employers with large numbers of non-exempt employees such as retailers and food service providers, as employers are now required to pay employees for even the small amounts of time spent on incidental work that occurs…
The Court of Appeal handed down its much anticipated judgment on Friday last week in the joined cases of Royal Mencap v Thompson Blake and John Shannon v Jakishan and Prithee Rampersad (t/a Clifton House Residential Home). The decision provides much-needed clarity on whether workers are entitled to the national minimum wage for each hour during “sleepover shifts”. Previous case law stated that this determination could only be made by applying a “multifactorial” approach which, in…
Here is a new case which you think initially might be quite helpful on the calculation of holiday pay, but which then suddenly veers off into the contractual undergrowth, and actually isn’t.  However, what it does do is administer a sharp lesson about the wisdom of trying to incorporate broad principles into individual employment contracts. In Flowers and Others –v – East of England Ambulance Trust the EAT had to consider whether voluntary overtime should…
Your company did the right thing: One of your employees reported a violation of your company’s sexual harassment policy, HR did an investigation and found the report credible, and the alleged harasser’s employment was terminated.  The employee is gone, but what do you do if the terminated employee’s potential new employer calls for a reference check and asks if the employee is eligible for rehire?  You do not want to inflict a serial harasser on…