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Jackson Lewis’ Corporate Counsel Conference

March 14, 2018 – 6:00 PM to March 16, 2018 – 1:00 PM Jackson Lewis’ Corporate Counsel Conference addresses the significant legislative and regulatory developments in workplace law and provides opportunities for discussion and collaboration about these topics. Our upcoming program will feature a robust discussion about the recent increase in sexual harassment claims in […]

USA: Labor Department Adopts ‘Primary Beneficiary’ Test for Determining Employee Status of Interns, Students

The Department of Labor has decided to align its analysis under the Fair Labor Standards Act (FLSA) of the intern-vs.-employee determination with that of the majority of federal appellate courts to have addressed the issue, abandoning the stricter Obama-era analysis. The agency announced on January 5, 2018, that it was adopting the “primary beneficiary” test to determine the employee status of interns and students.

UK: Bill voted on 30 November 2017 (Mémorial A 1032): Amendment to pre-retirement schemes

The new bill:

  • abolishes the pre-retirement -solidarity scheme (from 1st July 2018)
  • adapts pre-retirement-adjustment, pre-retirement for shift employees and progressive pre-retirement:
    • in principle: mandatory affiliation of 5 years with the company which applied for it
    • compensation is limited to 3 years and ends at the age of 63

UK: Grand-ducal regulation voted 15 December 2017 (Mémorial A 1084): Introduction of maximum financial contribution rate for the employer regarding external experts nominated by staff representatives

Since the law of 23 July 2015, the staff delegation has been able to designate an external expert.
The financial contribution of the company is for up to 1 expert and cannot exceed a certain percentage of the total number of employees registered with the CCSS (social security administration) for the previous year. The Grand-ducal regulation has now set this percentage at 0.10%.