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 […]
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.
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
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%.
Following the vote of bill number 7060 on 15 December 2017, the amendment of the number of extraordinary leave days for personal reasons entered into force on 1st January 2018.
Employment tribunal statistics show that the number of claims brought by a single claimant in the period July to September 2017 is up 64% on the same period in the previous year.
The Employment Appeal Tribunal has confirmed that it is unlawful to discriminate against an employee because of a perceived disability, even where the employee is not actually disabled.
The Employment Appeal Tribunal has held that an employee who raised compliance issues purely because she was concerned about her own potential liability had not made a protected disclosure.
The Employment Appeal Tribunal has confirmed that an employer’s attempt to bypass a recognised trade union by negotiating directly with employees amounted to an unlawful inducement. Even if only one term of employment is determined by direct agreement that will be sufficient to amount to an unlawful inducement.
The new law published by the Ministry of Human Resources and Emiratisation regulates recruitment centres for the recruitment of domestic workers.