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23
Many companies in America utilize temporary labor to augment their workforces for various reasons, including to control costs. In the past year, however, there have been two noteworthy developments involving two separate federal agencies – the National Labor Relations Board and Department of Labor– that have broadened the definition of “joint-employers,” which imposes potential legal risk on any company using, in whole or in part, contingent workforces. This article analyzes these...
Topics: Employment / Labor Law, Labor & Employment,
23
When a new employee sits down to go through and sign a stack of paperwork at her new hire orientation, increasingly that stack will include a mandatory arbitration agreement that subjects future potential employment disagreements to arbitration rather than litigation. Recent attention on these agreements, from the EEOC, NLRB, and federal and state courts, leaves their continuing validity uncertain. This article discusses just some of the myriad issues surrounding these agreements...
23
Companies located in Switzerland transferring employee data abroad within the framework of a foreign legal proceeding or investigation must be cautious so as to not infringe their employees’ data protection rights. Furthermore, the transfer of employee data to a foreign authority could constitute a criminal offence.
Topics: Employment / Labor Law, Labor & Employment,
23
Multinationals preparing to transfer an executive to a long-term assignment in the United States should design compensation and benefits to comply with applicable laws and minimize expense to both the employer and employee. American wage laws, benefits governance, and tax treatment of executive compensation require planning to ensure compliance.
Topics: Employment / Labor Law, Labor & Employment,
23
In the age of digitalization and social media it is getting harder for European employers to keep the balance between their own legitimate interests and their employees’ right to privacy. This right, which is envisaged by Article 8 of the European Convention on Human Rights, has recently been considered by the Strasbourg Court in the context of employment in Bărbulescu v Romania with the outcomes that are worth the attention of both employers and employees.
Topics: Employment / Labor Law, Labor & Employment,
23
Do employers have the right to monitor employees’ e-mails and Internet use? Are there specific guidelines for monitoring under Mexican Federal Labor Law? What are the employees’ rights in this situation? This Article will explain the legal framework of employee monitoring, both from an employment and privacy laws perspective, and provide practical tips to manage challenges at work.
Topics: Employment / Labor Law, Labor & Employment,
23
Employers often spend considerable time and incur significant costs in recruiting employees, especially in senior positions. Having incurred these costs, the employer must deal with the risk that any potential job applicant or their credentials are not necessarily who or what they make themselves out to be. This article will consider examples of individuals who misrepresented themselves to their employers, and discuss the steps employers can take to discover these misrepresentations before...
Topics: Employment / Labor Law, Labor & Employment,
23
Canadian businesses are accountable for the personal information of federal Canadian employees transferred or disclosed to foreign businesses under the Personal Information Protection and Electronic Documents Act (“PIPEDA”). The personal information of the employees of provincially regulated businesses in Alberta, British Columbia, and Quebec is also protected under the privacy statutes in force within those provinces. Canadian businesses are also accountable for the personal information of...
Topics: Employment / Labor Law, Labor & Employment,
23
Following the 23 June 2016 Brexit vote, what changes are in store in respect of UK labour law and data protection, and how can these be planned for, if at all.
Topics: Employment / Labor Law, Labor & Employment,
23
On May 17, 2016, the Equal Opportunity Commission (“EEOC”) published final rules under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). This guidance layers on top of, and in many instances is inconsistent with, previously issued guidance under HIPAA and the Affordable Care Act (“ACA”). The resulting interplay between the ADA, GINA and HIPAA/ACA can be particularly complex.
Topics: Employment / Labor Law, Labor & Employment,
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