By Laura A. Mitchell, Leslie A. Stout-Tabackman and F. Christopher Chrisbe The Department of Labor (DOL) is publishing a Notice of Proposed Rulemaking (NPRM) detailing proposed regulations implementing new minimum wage requirements that certain federal contractors must pay workers performing work “on or in connection with” a covered federal contract or subcontract. The NPRM is scheduled to be published in the Federal […]
Aug
25
2021
USA: Labor Department Formally Withdraws Trump-Era Joint Employer Final Rule
By Justin R. Barnes and Jeffrey W. Brecher In an action anticipated since it issued its Notice of Proposed Rulemaking in March, the U.S. Department of Labor (DOL) officially has withdrawn the Joint Employer Final Rule published during the previous administration. The Rescission Final Rule was published on July 30, 2021, and becomes effective on September 28, 2021. The […]
Aug
25
2021
UK: Data protection – Call For Views On Employment Practices Guidance
The UK ICO’s call for views is to help shape its new data protection and employment practices guidance and products, to help employers and staff comply with current data protection legislation when personal data is used. The existing ICO Employment Practices Code has not been updated since the GDPR and Data Protection Act 2018 became […]
Aug
25
2021
UK: Government Publishes National Disability Strategy
The UK government’s National Disability Strategy, which follows up on a commitment made in the Conservative Party’s 2019 election manifesto, covers “making the world of work more inclusive and accessible”. Although the strategy reflects the experiences of disabled people across the UK – Scotland, Wales and Northern Ireland have implemented, or will implement, their own […]
Aug
25
2021
UK: Sex Discrimination – Dismissals to Improve Gender Pay Gap
Mr Bayfield and Mr Jenner were creative directors at Wunderman Thompson (UK) Ltd. After its gender pay gap report for 2017 was published, showing gender pay gap figures that indicated “an acute problem of female representation” with most senior creative jobs held by men, the agency held a conference to address the lack of diversity […]
Aug
25
2021
Spain: Constitutional Court ruling will allow Employees to Challenge the Business Reasons for a Collective Dismissal
According to the judgment of the Constitutional Court of 12 July 2021 (writ of amparo 5508-2018) an individual employee may challenge the business reasons for a collective dismissal, a situation that until now was not previously considered, when there is an agreement within the consultation period. In this particular case, a group of employees were […]
Aug
25
2021
Netherlands: Recent Judgment on a Non-Competition Clause after Employment of only 11 Working Days
Facts The employee had been employed by the employer in the position of Sales Manager since 1 May 2021. The employment contract contained confidentiality, competition, relationship and penalty clauses. On 18 May 2021, the employee informed the employer that he was terminating the employment contract following an offer from X, a direct competitor of the […]
Aug
25
2021
Mexico: Mexican Authorities Fine 25 Companies for Breach of the Subcontracting Reform
The Secretariat of Labour and Social Welfare has set a goal of over forty thousand labour inspections related to the new regulations of the subcontracting reform, will take place this year. Since the publication in the Official Journal of the Federation on 23 April 2021, employers throughout Mexico, who provide specialised services have had to […]
Aug
25
2021
Mexico: Victims of Mobbing can Sue to Enforce their Right to Decent and Proper Employment
On 6 August 2021, the Tenth Collegiate Court in Labour Matters of the First Circuit, dictated a sentence regarding an Amparo filed against a resolution emitted by the labour authority, in which it only considered the primary claim of rescission. Digital Register number: 2023404. An elderly woman who worked as a weaver, filed a labour […]
Aug
25
2021
India: Recent Key Developments concerning the Labour Codes
The Indian Government is in the process of enacting four Labour Codes – the Code on Social Security, 2020 (“Social Security Code”); the Code on Wages, 2019 (“Wage Code”); the Industrial Relations Code, 2020 (“IR Code”); and the Occupational, Safety, Health and Working Conditions Code, 2020 (“OSHW Code”) – which (along with State rules) will […]