EU 20-Week Maternity Leave Proposal: UK Implications
The recent vote by a committee of the European Parliament in favour of women becoming entitled to a minimum of 20 weeks' fully paid maternity leave has been causing concern in the United Kingdom. The Government had anticipated having to make few significant amendments to UK law as a result of the European Commission's original proposals to amend the EC Pregnant Workers Directive (92/85/EEC).
Continue Reading...Anti-Blacklisting Regulations in Force
The Employment Relations Act 1999 (Blacklists) Regulations 2010, which prohibit the blacklisting of trade union members and activists, came into force on 2 March 2010. Broadly, the Regulations prohibit employers, employment agencies and others from using such blacklists for discriminatory purposes such as employment vetting.
Under the Regulations, it is unlawful to compile, use, sell or supply 'prohibited lists', subject to certain exemptions. Workers have the right not to be subjected to detriment or dismissal for a reason connected to a prohibited list. Individuals and trade unions can bring claims in the Employment Tribunal or County Court if they have suffered loss or are threatened with potential loss as a result of unlawful activities.
Continue Reading...Google Execs Convicted of Violating Italian Privacy Law
On February 24, 2010, a Milan court convicted Google's Chief Legal Officer, Global Privacy Counsel, and a former member of Google Italy's board of directors for violating Italian privacy law and imposed a six-month, suspended jail sentence. The case stemmed from a posting on Google Video® - a YouTube® predecessor - of a video depicting several teenagers bullying a classmate with Down's Syndrome. Although the Google executives had no involvement in either the posting or in the decision whether and when to remove it, Italian law imposes criminal liability on senior executives for the actions of the corporation. Prosecutors alleged that Google should be held responsible not only for permitting the video to be posted in the first instance, but also for allegedly not having acted quickly enough to remove the video after receiving a complaint.
For more information on this case and its implications for employers, continue reading What Does the Criminal Conviction for Privacy Law Violations of Three Google Executives in Italy Mean for Multi-National Employers in the U.S.? by Phillip L. Gordon at Littler's Workplace Privacy Blog.
U.S. Appellate Court Permits Practice of Tip-Pooling
In a decision that will be well-received by hospitality and tourism employers, the U.S. Court of Appeals for the Ninth Circuit has held that employers that do not take a tip credit against the federal minimum wage when paying their employees can lawfully implement tip-pooling arrangements. In Cumbie v. Woody Woo, Inc. (pdf), No. 08-25718 (Feb. 23, 2010), the appellate court rejected the argument that a restaurant's use of a tip pool that redistributed a portion of its wait staffs' tips to kitchen employees violated the Fair Labor Standards Act (FLSA). The FLSA requires an employer to pay its employees a certain minimum wage, but recognizes in its definition of "wage" that under certain circumstances, employers of "tipped employees" may include part of such employees' tips as wage payments. An employer must pay a tipped employee a cash wage of at least $2.13 per hour, but if the cash wage is less than the federal minimum wage (currently $7.25), the employer can make up the difference with the amount an employee receives as tips, often referred to as the "tip credit."
Court Certifies Class Action Proceeding for Unpaid Overtime
In Fulawka v Bank of Nova Scotia (pdf), the Ontario Superior Court of Justice certified a class action proceeding against the Bank of Nova Scotia ("Scotiabank") alleging that 5,000 personal banking officers, financial advisors, and account managers were routinely required to work unpaid overtime.
Continue Reading...Immigration Update for the Week of March 1
United States: Report Finds E-Verify Fails to Detect 54% of Unauthorized Workers
According to the Wall Street Journal, an independent report commissioned by the Department of Homeland Security found that E-Verify, the federal electronic employment verification system, may be failing to detect 54% of unauthorized workers processed. Read the full post here. (March 5)
Chile: U.S. State Department Revises Travel Alert
In its revised Travel Alert on Chile, the State Department is advising U.S. citizens to avoid tourism and non-essential travel to Chile due to the February 27 earthquake's aftermath. Read the full post here. (March 4)
United States: Bill Would Grant Two-Year Visa to Entrepreneurs with U.S. Investor Backing
Senators John Kerry (D-MA) and Richard Lugar (R-IN) have introduced the StartUp Visa Act of 2010 (S. 3029), which would create a new visa category (EB-6) for foreign entrepreneurs. Foreign entrepreneurs would qualify for a two-year visa upon demonstrating that a qualified U.S. investor will dedicate at least $250,000 to his or her startup venture. Read the full post here. (March 4)
Legislative Update for the Week of March 1
House Advances Jobs Bill
The House of Representatives voted 217 to 201 in favor of the Hiring Incentives to Restore Employment (HIRE) Act, the $15 billion jobs bill introduced by Sen. Majority Leader Harry Reid (D-NV) as an amendment (S. Amt. 3310) to H.R. 2847, the more expansive jobs bill that the House passed in December. Read the full post here. (March 4)
Obama Makes Final Push for Health Care Reform; Endorses Reconciliation
Telling Congress to "finish its work," President Obama urged both chambers to schedule a vote on final health care overhaul legislation in the coming weeks. While Obama did not outline a specific roadmap for reform, it is widely believed that the plan for going forward involves first having the House of Representatives vote on the Patient Protection and Affordable Care Act (H.R. 3590), the bill that the Senate approved in December, and then passing via budget reconciliation a package of changes to that bill reflected in the estimated $950 billion proposal Obama unveiled on February 22. Read the full post here. (March 3)
Punctuality Could Pay in Bolivia
Reuters reports that Bolivian lawmakers have proposed a new labor law to reward punctual workers, as part of a labor reform prompted by Bolivians' tendency to arrive late for everything from social events to business meetings. Workers would receive a bonus for arriving at work on time every day for a month. The bill also would require companies to provide workers who reside more than 1.25 miles from the workplace with a travel subsidy and a stipend for buying refreshments during breaks.
The bill is expected to pass without significant alteration, as it is sponsored by Bolivia's ruling party, Movimiento al Socialismo (the Movement for Socialism).
Criminal Charges Filed Following Workplace Accident
In what should serve as a stark reminder for both employers and individuals, police in Ontario have charged a corporate employer and two individuals with criminal negligence causing death after a fatal workplace accident at a construction project. These events demonstrate that while criminal prosecutions for workplace accidents remain rare, the police will not hesitate to pursue criminal charges as they deem appropriate.
Continue Reading...Age-Based Early Retirement Upheld
In its recent decision in Kovacs v. Arcelor Mittal Montreal, the Human Rights Tribunal of Ontario (the "Tribunal") upheld the validity of an age-based early retirement program.
In this case, the employer, Arcelor Mittal Montreal, offered an early retirement program that provided enhanced pension benefits to employees who had 30 or more years of service, were at least age 55 with 15 or more years of service, or were at least age 52 with 25 or more years of service. A 44 year-old employee with 27 years of service alleged that he was discriminated against on the basis of age contrary to the Ontario Human Rights Code (the "Code") because the sole reason that he did not qualify for the early retirement program was that he was too young.
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