U.S. employers with French operations must focus carefully on their investments or divestment operations. Through the “joint employer theory,” employees of a French company can now pierce its corporate veil to hold the ultimate parent, even one based in the United States, liable for restructuring costs, including severance packages and damages for unfair dismissal.
Erin Bailey
U.S. Supreme Court Finds Oral Wage Complaints Protected From Employer Retaliation
The United States Supreme Court has held that under the Fair Labor Standards Act (“FLSA”), the federal law that requires proper payment of wages and overtime pay, an employer cannot retaliate against an employee who complains about a possible violation of that law, even where the complaint is oral rather than in writing. Kasten v. …
New EEOC Rules Require U.S. Employers To Revise Procedures for Acquiring and Using Medical Information
On January 10, 2011, employers will become subject to new regulations issued by the U.S. Equal Employment Opportunity Commission (“EEOC”) that interpret the Genetic Information Nondiscrimination Act of 2008 (“GINA”). Employers must now comply with GINA’s tough restrictions on the acquisition, use, and disclosure of genetic information about applicants, employees, former employees, and all such individuals’ family members. In particular, employers must take affirmative steps to avoid receiving genetic information about applicants, employees, or any of their family members.
The following addresses some key questions about how the new EEOC regulations will affect employers.Continue Reading New EEOC Rules Require U.S. Employers To Revise Procedures for Acquiring and Using Medical Information
Reed Smith Employment Attorney Expands Social Media Advice to France in New Edition of White Paper
Nearly everyone has become a part of the social media phenomenon that includes Facebook, Twitter, MySpace and other websites. The growth of social media has been staggering. However, along with that growth comes new legal risks, including employment issues, which we haven’t seen before.
As you may know, in fall 2009, we published a social media white…
Illinois Cracks Down on Employers Who Fail to Pay Wages or Vacation Pay
A new law will make it much more costly for Illinois employers that fail to pay employees their earned wages, including final compensation such as accrued but unused vacation pay. The Illinois Wage Theft Enforcement Act, S.B. 3568 (the "Act"), signed into law July 30, 2010, increases both civil and criminal penalties for violating the state’s wage payment law, imposes new risks for employers who ignore or unsuccessfully challenge employees’ wage claims, and creates a new cause of action for employees who face retaliation for having complained about unpaid wages. The Act will take effect January 1, 2011.
Illinois Wage Payment and Collection Act
The Illinois Wage Payment and Collection Act (the "Wage Payment Act") requires employers to pay employees their earned wages no later than a specified period following the date on which the wages are earned, and to pay employees who resign or are terminated all wages they earned through their last day of employment, no later than the first regular payroll date thereafter. The law applies to every employee in Illinois, exempt or non-exempt, regardless of the employer’s size or location. "Earned wages" includes not only an employee’s salary or hourly pay, but also any earned bonuses or vacation pay. With some limited exceptions such as tax withholdings and authorized deductions for benefits, the Wage Payment Act also prohibits employers from deducting anything from an employee’s wages, unless the employee signs an authorization at the time of the deduction. The law also allows employees to recover damages from any corporate officer or agent of an employer who knowingly permits the employer to violate the Wage Payment Act.Continue Reading Illinois Cracks Down on Employers Who Fail to Pay Wages or Vacation Pay
Global Regulatory Enforcement Law Blog
http://www.globalregulatoryenforcementlawblog.com/…
Continue Reading Global Regulatory Enforcement Law Blog
Paternity leave
Regulations concerning the new right to additional paternity leave (APL) came into force on 6th April 2010. Currently those eligible for ordinary statutory paternity leave are entitled to one whole week or two consecutive weeks’ paternity leave on statutory paternity pay, which is currently £124.88, to be taken within eight weeks of the expected week of childbirth (EWC). However, eligible fathers whose children are due on or after 3 April 2011 will have the right to take up to 6 months’ additional paternity leave (APL). The right will also apply to adoptions where parents are notified of a match on or after 3 April 2011 and husbands, partners or civil partners who are not the child’s father but expect to have the main responsibility (apart from the mother) for the child’s upbringing.
Continue reading our for a summary of the new provisions regarding Additional Paternity Leave.Continue Reading Paternity leave
Leave and pay – a confusing mess?
annual leave and sick pay” “Stringer” “Pereda”…
Continue Reading Leave and pay – a confusing mess?
Labor Department Will Seek to Expand Employers’ Obligation To Report ‘Persuader Activity’
The U.S. Department of Labor (“DOL”) recently released its 2010 regulatory plan, which envisions a major change in how DOL interprets the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”) as to when an employer must disclose its use of attorneys or consultants to help persuade employees not to unionize. In particular, DOL will be seeking…
New Law Restricts Employment Arbitration for Defense Contractors and Subcontractors
President Obama has signed the Department of Defense Appropriations Act for Fiscal Year 2010 (H.R. 3326). Section 8116 of that Act significantly restricts the ability of defense contractors and subcontractors to enter into or enforce agreements that require employees or independent contractors to arbitrate certain claims.
In particular, section 8116 provides that no funds appropriated…