Resolution ACT-JD/ORD/II/25/06/2019.06, interpreting the application of the reform to the Federal Labor Law, as well as of the Federal Law of Public Defense Services (the “Resolution”) was published in the Official Gazette of the Federation on August 15, 2019. The modifications deriving from the labor reform were proposed, including the guarantee of the right to defense in labor matters, through the possibility of providing legal advice services to the persons defined by the Federal Courts on labor matters, in terms of the applicable rules and regulations
Sep
28
2019
USA: Oregon Governor Signs Paid Family and Medical Leave Law
Eligible workers will be permitted to take up to 12 weeks of paid leave under the new law beginning 1 January 2023
Sep
28
2019
USA: Supreme Court’s Epic Systems Decision on Arbitration Interpreted Broadly by Labour Board
An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualised arbitration, even if it was in response to employees opting into a collective action (such as a wage lawsuit), the National Labour Relations Board (NLRB) has ruled. The NLRB also concluded that the NLRA does not prohibit an employer from threatening to discharge an employee who refuses to sign such an agreement
Sep
28
2019
USA: Labour Board – Misclassifying Worker as Independent Contractor Does Not Violate NLRA
Employers no longer have to worry about incurring unfair labour practice liability if their classification of workers is mistaken
Sep
28
2019
UK: Revised immigration plans for no-deal Brexit
The UK government has announced revised immigration arrangements that will apply in the event of a No Deal Brexit for EU national and eligible non EU national family members
Sep
28
2019
UK: Sick pay reform – Health is everyone’s business proposals to reduce ill health-related job loss
All non-disabled employees could soon have a new right to request workplace modifications to assist in their return from sick leave. This new government consultation seeks views on this new right and other measures to reduce ill health-related job loss, giving emphasis on greater employer responsibility and involvement
Sep
28
2019
UK: Extension of redundancy protection after return to work from maternity leave
Before making a woman on maternity leave redundant, her employer must offer her a suitable alternative vacancy where one is available either with the employer or an associated employer. People taking adoption and shared parental leave are protected in a similar way. The government has been consulting on whether to expand this protection
Sep
28
2019
UK: Discrimination arising from disability – employer’s knowledge of disability
The Employment Appeal Tribunal (EAT) decided that where an employer fails to make reasonable enquiries about an employee’s health issues, if the likelihood is that the employee would have continued to conceal their disability, then the employer could not reasonably be expected to know about the employee’s disability
Sep
28
2019
UK: Holiday pay for part year workers
The Court of Appeal has ruled that holiday pay for a teacher who worked irregular hours on a permanent term-time, or so-called “part-year” contract, should be calculated using her average earnings over a 12-week period and not pro-rated according to the proportion of the year worked. The common practice of applying a cap of 12.07 percent of annualised hours, as suggested by ACAS, was incorrect
Sep
28
2019
Saudi Arabia: Summary of recent legislative amendments
Recently, there have been several legislative developments related to labour and employment law matters, chief among them: i) new resolution entered into force on 2 August 2019, approves an updated table of violations and penalties to the Labour Law and replaces the table previously issued; ii) new law entered into force on 7 August 2019, on female and nationalisation controls within the workplace, differentiates between different types of shopping or market areas and sets out the different environments and activities female employees may be employed; iii) new resolution, which also entered into force on 7 August 2019, sets out the framework in which female employees may be employed, including the sectors in which female employees may undertake night shifts, rules pertaining to work attire and wages and general facility requirements for female employees within different types of work environments; and iv) new law entered into force on 1 September 2019, provides for the use of Gregorian months and amends the payment date of unemployment insurance benefits