Employment Newsnotes (Issue 50, Winter 2010/11)
Employment Newsnotes (PDF) is an occasional publication by Lewis Silkin covering recent UK employment law developments in an accessible, succinct and entertaining way. The 50th issue, just published, is a "Movie Special" that revisits memorable motion pictures of the past few years as the basis for topical articles on:
- Equal pay (Made in Dagenham)
- Industrial action (Billy Elliot)
- Sexual orientation discrimination (Philadelphia)
- Business immigration (Green Card)
- Facebook and the workplace (The Social Network)
- Whistleblowing (Silkwood)
- Harassment at work (Disclosure)
Legislative Update for the Week of February 14, 2011
OFCCP Revises Active Case Enforcement Procedures for Supply & Service Contractor Compliance Audits
The U.S. Department of Labor's Office of Federal Contract Compliance Programs has issued a directive outlining Active Case Enforcement procedures for conducting Supply & Service compliance evaluations. Read the full post here. (February 18)
EEOC Holds Public Hearing on Unemployment Discrimination
The Equal Employment Opportunity Commission held a public meeting to address the alleged "emerging practice" of excluding currently unemployed job-seekers from applicant pools. Read the full post here. (February 17)
Dangerous International Employee Assignments: Littler Report Guides Employers Through the Issues
The current upheaval in Egypt and the rest of the Middle East serves as a reminder that overseas assignments can inherently be fraught with risk. The potential dangers of natural disasters, kidnapping, and terrorist attacks are wide-ranging, but the key legal, and practical, inquiries remain constant: to what extent did the employer have a legal or ethical obligation to prevent what occurred, and could the employer have prevented what occurred by implementing a thoughtful plan.
A February 2011 Littler Report, "Managing the Global Workforce: A Legal and Practical Guide to Dangerous International Employee Assignments," examines the issues facing employers under U.S. law and in a sampling of other jurisdictions. This guide also outlines a series of practical steps that employers can and should take to mitigate the risks inherent in international assignments. While there may be no way to absolutely prevent incidents of this nature, there is no substitute for effectively planning for the contingencies that may arise in international assignments. To learn more, continue reading this Littler Report, written by Philip M. Berkowitz and Michael G. Congiu.
Photo credit: Captura
Ontario Government Freezes Minimum Wage
The Ontario government has announced that it will freeze the minimum wage rate at $10.25 per hour in 2011 after seven consecutive years of increases. Despite the minimum wage freeze, Ontario still has the highest provincial minimum wage rate in Canada.
Legislative Update for the Week of February 7, 2011
Settlement Reached in NLRB Facebook-Related Termination Case
The National Labor Relations Board announced that a settlement has been reached in a highly-publicized case involving the discharge of an employee who called her supervisor a mental patient in a "friends-only" Facebook post in violation of a company's social media policy. Although the settlement has no precedential value, the case appears to signal the current NLRB's intention to bring claims seeking to protect employees' social networking activity even if such activity pushes the boundaries of respect and non-disparagement in the workplace. To learn more about this development and its implications for employers, please continue reading at Littler's Workplace Privacy Counsel blog.
Photo credit: fullvalue
SEC Adopts Final Executive Compensation Rule
The Securities and Exchange Commission (SEC) has adopted a final rule governing shareholder approval of executive compensation and "golden parachute" compensation arrangements required under the Dodd-Frank Wall Street Reform and Consumer Protection Act. Among other things, the Dodd-Frank Act requires public companies subject to the federal proxy rules to provide their shareholders with a non-binding "say-on-pay" vote on executive compensation and a separate non-binding vote on how often such votes should occur. In addition, shareholders are entitled to an advisory vote on compensation arrangements and understandings in connection with merger transactions, commonly referred to as golden parachutes. To learn more about the final rule and its implications for employers, please continue reading at Littler's D.C. Employment Law Update blog.
Photo credit: MBPhoto, Inc.
Legislative Update for the Week of January 31, 2011
Proposed Rule Would Require Electronic On-Board Recorders for Interstate Commercial Truck and Bus Companies
The Department of Transportation's Federal Motor Carrier Safety Administration has issued a proposed rule that would require certain motor carriers operating commercial motor vehicles in interstate commerce to use electronic on-board recorders. Read the full post here. (February 1)
Congress Continues to Introduce Labor and Employment Bills
Less than one month into the new session, the 112th Congress continues to introduce labor and employment-related bills at a rapid pace. While a substantial portion of new legislation targets health care, a number of bills have focused on employment-related reforms. Read the full post here. (January 31)
Image credit: slowgogo
Legal Interest Rate Fixed at 3.75% per Year
On 1 January 2011 the legal interest rate increased from 3.25% to 3.75%. This increase relates to both legal interest and judicial interest. The legal interest rate is revised on an annual basis and corresponds to the average annual EURIBOR rate (average of the month of December of the previous year), rounded to the quarter percentage point and increased by two percentage points.
Since 1970, the legal interest rate evolved as follows:
| Dates | Interest Rate |
| 01/07/1970 to 31/10/1974 | 6.50% |
| 01/11/1974 to 31/07/1981 | 8% |
| 01/08/1981 to 31/07/1985 | 12% |
| 01/08/1985 to 31/07/1986 | 10% |
| 01/08/1986 to 31/08/1996 | 8% |
| 01/09/1996 to 31/12/2006 | 7% |
| 01/01/2007 to 31/12/2007 | 6% |
| 01/01/2008 to 31/12/2008 | 7% |
| 01/01/2009 to 31/12/2009 | 5.5% |
| 01/01/2010 to 31/12/2010 | 3.25% |
| 01/01/2011 - | 3.75% |
In fiscal matters and for the National Office for Social Security (NOSS) the rate remains 7% for now.
With regard to salaries and indemnities due to workers, the interest has to be calculated on the gross amount of the remuneration.
Interprofessional Agreement 2011-2012: A Decisive Step Towards Harmonizing the Status of Blue- and White-Collar Employees
On 18 January 2011, the social partners agreed a draft Interprofessional Agreement ("I.P.A.") for the years 2011-2012. This draft still needs to be submitted to several institutions of the group of social partners, after which the government will take the necessary legal action in order to put the measures in place.
Besides the usual subjects (linking social payments to welfare, salary norms, extending the measures relating to early retirement, etc.), the draft I.P.A. contains an important chapter relating to harmonizing the status of blue- and white-collar employees.
As of 2012, the notice period for white-collar employees whose annual gross salary exceeds 30,535 EUR (amount for 2011), would be one month per year of commenced seniority, with a minimum of three months (the trial period is not taken into consideration). This rule would thus replace the Claeys formula as a reference for these employees. Clauses providing for a different notice period could still be agreed on, at the earliest upon entry into service, for those white-collar employees earning more than 61,071 EUR gross per year (amount for 2011). Note, however, that this new regime would in any case only apply for new employment contracts, which means that for all existing employment contracts, the current principle on the basis of which the notice period is determined, would continue to apply. The Claeys formula will thus remain relevant for the years to come.
Continue Reading...Immigration Update for the Week of February 14, 2011
European Union and Brazil Enter Visa Waiver Agreements
The European Parliament has announced two visa waiver agreements with Brazil, one concerning ordinary passport holders and the other for diplomatic, official and service passport holders. Read the full post here. (February 20)
Arizona-Style Immigration Bills Progress in South Carolina, Stall in Colorado
Legislators in many states have been introducing legislation mimicking Arizona's controversial immigration legislation, SB 1070. Such legislation has progressed--albeit slightly--in South Carolina, but has been taken off the table in Colorado. Read the full post here. (February 20)
Immigration Update for the Week of January 31, 2011
European Union: Efforts to Standardize Rules for Intra-Corporate Transfers
The European Commission's proposed directive would create a uniform standard for all 27 member states concerning international intra-corporate transfers of highly skilled employees. Read the full post here. (February 4)
European Union: Proposal Seeks Collection of Passenger Data for International Flights
A proposal, if adopted, would require the collection of Passenger Name Record data of travelers flying internationally into or out of the EU. Read the full post here. (February 4)