Authors: Patricia Anderson Pryor, Joy M. Napier-Joyce, Melissa Ostrower and Tasos C. Paindiris Corporate management and directors should plan for changes and be aware of policies and fiduciary responsibilities. This can include preparing for public and employee reactions (for and against), legislative and law enforcement threats, social media posts, and other employee demonstrations. Pressure from a variety of groups […]
Jul
27
2022
USA: Treaty of Commerce and Navigation Visas as Work Visa Option for Manufacturing Companies
Authors: James M. Stone and Kimberly M. Bennett In their search for skilled workers, manufacturers should not overlook countries with which the United States maintains a treaty. Such treaty countries offer an additional avenue to find skilled, non-professional employees. Many employment-based visas, such as the nonimmigrant H-1B or TN visas, are not feasible options for skilled, non-professional […]
Jul
27
2022
USA: Carried Interest/Promote in 2022 – Action Items for Investment, Private Equity, Real Estate Fund Managers
Author: Adam B. Cantor Investment, private equity, and real estate fund managers should consider becoming familiar with the complex final regulations on the preferential tax treatment of “carried interest” under Section 1061 of the Internal Revenue Code (Code) that are generally effective for taxable years beginning on or after Jan. 1, 2022. Preferential Treatment of […]
Jul
27
2022
UK: Changes to Industrial Action Rules
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson Subject to Parliamentary approval, these changes will apply across England, Scotland and Wales. The UK Government has announced plans to remove the restriction that prevents employment businesses (agencies) from supplying an employer with temporary workers to cover the duties normally performed by a worker who is taking […]
Jul
27
2022
UK: Collective Bargaining
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson Employers are prohibited from inducing their workers who are members of a recognised trade union to bypass collective bargaining in certain circumstances.[1] A recent decision of the Supreme Court determined that a one-off direct offer to employees concerning pay, bypassing stalled collective bargaining, constituted an unlawful inducement […]
Jul
27
2022
UK: Unfair Dismissal – Compensatory Awards
Authors: Ruth Bonino, Corinna Harris and Sophie Jackson In a successful unfair dismissal claim, the tribunal makes a compensatory award it considers ‘just and equitable’, subject to a cap at the lower of 52 weeks’ pay or the statutory cap which was £74,200 at the time of this claim (from April 2022 the cap stands […]
Jul
27
2022
Switzerland: Basel-City to become the fifth Swiss Canton with Statutory Minimum Wage
Author: André Lerch On June 13, 2021, a majority of voters in the Canton of Basel-City voted in favor of a statutory minimum wage of CHF 21 per hour (approx. USD 22). The new minimum wage applies to employees whose usual place of work is in the Canton of Basel-City. Basel-City thus becomes the fifth […]
Jul
27
2022
Switzerland: Retroactive Payments for Vacation and Public Holiday Entitlement for the Years 2020 and 2021
Author: André Lerch Short-Time Work Compensation (KAE) – Retroactive Payments for Vacation and Public Holiday Entitlement for the Years 2020 and 2021 Companies that have received short-time work compensation (KAE) in the summary procedure in 2020 and 2021 can now submit a request for a review of their KAE entitlements for this period. Based on […]
Jul
27
2022
Switzerland: Swiss Federal Supreme Court confirms Employer Status of Uber
Author: André Lerch According to Switzerland’s Federal Supreme Court, the Cantonal court did not rule arbitrarily when it decided that Uber drivers working in Geneva had an employment relationship with Uber BV. The Federal Court dismissed the corresponding appeal. The Geneva Cantonal authorities called it a “historic decision”, adding that it will serve as precedent […]
Jul
27
2022
Sweden: Dismissal of an Employee with a Disability can be Non-discriminatory if based on Objective Grounds
Author: Karolina Sundqvist The Swedish Labour Court ruled that the dismissal of an employee at the Police Authority with multiple sclerosis (MS), a disease, who did not have the ability to perform work of any significance to the employer, was based on objective grounds. The Labour Court also ruled that the dismissal did not constitute […]