The U.S. Department of Labour (DOL) has issued a new Final Rule updating the minimum salary requirements for the “white collar” (executive, administrative, and professional) overtime exemptions. The 1 January 2020 deadline for compliance may be a challenge for some employers. Employers need to identify any currently exempt employees who will not satisfy the new minimum salary threshold and then determine whether to either reclassify them as non-exempt or adjust their salaries. When adjusting salary levels, employers must consider the impact on other exempt employees who also may request an increase, as the gap between their salary and other salaried workers diminishes. Industries most likely affected by the change include retail, hospitality, and the non-profit sector
USA: Supreme Court Hears Arguments on LGBTQ+ Workplace Protections
The U.S. Supreme Court heard oral arguments on 8 October 2019 in three high-stakes cases that will decide whether LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. Given the patchwork of legal protections for LGBTQ+ workers, and the uncertain legal landscape, employers should continue to promptly and thoroughly investigate all complaints of LGBTQ+ discrimination and take remedial action in response to discrimination. Gender identity and sexual orientation harassment should be prohibited under company anti-harassment policies and staff should be trained on the prevention of LGBTQ+ discrimination. It is equally important that managers are sensitised on how to respond to LGBTQ+ discrimination complaints, including the duty to report LGBTQ+ discrimination when placed on actual or constructive notice of discrimination and harassment
Spain: Surveillance Cameras vs Video Recordings in the Workplace
According to the General Data Protection Regulation, images obtained through a mobile phone, to control the performance of employees at work, would be considered ‘personal data’. Therefore, employees must be informed in advance that they are being recorded, otherwise the company can be sanctioned
Saudi Arabia: Ministerial Resolution No.20912 approves protection procedures to combat inappropriate behaviour at work
The resolution sets out requirements for employers to comply with in order to prevent and tackle behavioural abuse within the workplace. The resolution comes into force on 21/2/1441, corresponding to 20 October 2019
Saudi Arabia: Cabinet Resolution No. 11 of 144AH, concerning the restructuring of visit, pilgrimage and transit visas
The resolution sets out the categories of visas available
Poland: Record increase to the minimum wage
As of 1 January 2020, the minimum remuneration for work in Poland will be PLN 2,600 gross (c.a. EUR 600). This means an increase of PLN 350, or 15.6 % compared to the 2019 minimum wage (currently the lowest salary is PLN 2,250 gross). This is also the highest increase to the minimum remuneration in recent years
The Netherlands: A new ground for dismissal, called the cumulation ground, enters into force on 1 January 2020
A new ground for dismissal, called the cumulation ground, was introduced as part of the Balanced Labour Market Act. If the employment contract is terminated on the basis of the cumulation ground, a higher transition payment might be owed. The thinking behind these changes is that the courts can provide insufficient tailor-made decisions. The additional payment is for the compensation of the termination of the employment contract, whilst the other grounds for dismissal, were, each in and of themselves, insufficient to justify a dismissal
Mexico: Supreme Court Minister resigns with more than a decade still left in his tenure
On 8 October 2019, Minister Eduardo Medina Mora resigned from the Supreme Court of Justice, long before his 2030 term-limit was set to expire. Mexican President Andres Manuel Lopez Obrador accepted Medina Mora`s resignation, which will now be submitted for approval by the Senate. Once Medina Mora`s resignation has been accepted in the Senate, the President will select three possible candidates for the Senate to consider. The Senate will then proceed to choose one of the three to serve as Supreme Court Minister
Mexico: Government approves plan to increase accrued wages from 1 year and an interest of 2%, to 2 years and an interest of 4%
The Senate`s Labour and Social Welfare Commission approved the judgement proposed by Senator Napoleon Gomez Urrutia to amend article 48 of the Federal Labour Law so that, in case of a dismissal without justified cause, the employee is protected with 100% of their salary during the first 24 months, rather than the 12 months currently foreseen in article 48
India: Amendments bring substantial changes to the law regulating apprentices
The Government of India, via a notification dated 25 September 2019, has amended certain provisions regulating apprentices in India, chief among them: i) new guidelines for organisations to engage apprentices (eligibility provisions plus mandatory obligations); ii) revised monthly stipends payable to the different kinds of apprentices; iii) an apprentice shall not be considered a worker and therefore the laws pertaining to labour shall not apply to an apprentice; and iv) requirements for organistions to engage apprentices, within a financial year, based on the percent of the total strength of the establishment