The National Labour Relations Board has published its final rule governing determination of joint-employer status under the National Labour Relations Act, restoring the standard that was applied for several decades before the NLRB’s decision in Browning-Ferris. The final rule will become effective 27 April 2020
Mar
28
2020
UK: IR35 – changes to the off-payroll working rules
The government has confirmed that the new off-payroll working rules (IR35) will come into force on 6 April 2020 and has updated the HMRC Employment Status Manual
Mar
28
2020
UK: Immigration – A new UK points-based system
The government has published a policy statement setting out its proposals for a new UK immigration points-based system that will apply from 1 January 2021, following the end of free movement between the UK and EU
Mar
28
2020
UK: Whistleblowing – whether employer is liable for damage to whistleblower’s reputation
The Court of Appeal ruled that an employee suffered a detriment when his former employer made inaccurate rebuttals of his whistleblowing allegations, but that the detriment was not because of his protected disclosures
Mar
28
2020
UK: Disability – “long term effect” of condition
The Employment Appeal Tribunal (EAT) has confirmed that in order to bring a disability discrimination claim, a claimant must show that their condition had a “long term effect” at the time of the alleged discrimination
Mar
28
2020
France: Supreme Court recognises Uber Drivers as Employees
The French Supreme Court, the highest jurisdiction in the land, recently ruled that Uber drivers shall be considered as employees of the company, based on the fact that the drivers are bound by a subordinate relationship
Mar
28
2020
The Netherlands: Summary of Recent Labour and Employment Law Developments
In the past month, there have been several labour and employment law developments, chief among them: i) the introduction of Emergency Fund Bridging Employment (due to the COVID-19); ii) employers must record employment contracts in writing before 1 April 2020; iii) the Public Servants (Standardisation of Legal Status) Act entered into force; iv) expansion of work-related expenses scheme; v) limits imposed on top income earners; vi) the State Pension age will remain 66 years and 4 months in 2020 and 2021; and vii) effective 1 January 2020, the statutory gross minimum wage is €1,653.60 per month, based on full-time employment
Mar
28
2020
USA: New 2019 Data Shows U.S. Workers Participated in Strike Actions at Highest Rate in 30 Years
Employers, especially manufacturers, are facing a new (old) challenge in unionised work forces: strikes. The latest data from the Bureau of Labour Statistics (BLS) shows U.S. workers are more likely to strike today than at any other time in the last 30 years. This should prompt employers with unionised workforces to review their strike preparedness plans
Mar
27
2020
EU: Transfer of a bus company without transfer of buses can still be qualified as a transfer of undertaking
In previous case law, the Court of Justice of the European Union ruled that a bus company cannot be seen as an activity which principally relies on manpower, but that the transfer of its assets (mostly the buses) are the relevant factor to be taken into consideration. However, in the current case the buses have not been transferred, and yet the Court of Justice still takes into consideration the transfer of the employees, to allow for a qualification as a transfer of undertaking
Mar
27
2020
Canada: Ontario Government Extends March Break – Publicly Funded School Closures
The Ontario Government announced that all publicly funded schools in Ontario will be closed for two weeks after March break as a result of the novel coronavirus (COVID-19) outbreak. Some childcare programs which are situated in and operate out of publicly funded schools have also announced that they will be closing over the March Break period. Publicly funded schools are not scheduled to reopen until 5 April 2020, meaning that some workers across the Province may be without pre-arranged childcare for a period of at least three weeks.