Legislative Update for the Week of January 23, 2012
Private Sector EEOC Charges Reached Record High in 2011
According to newly-released enforcement and litigation statistics, private sector employees filed a record number of charges with the Equal Employment Opportunity Commission in 2011. Read the full post here. (January 27)
Agencies Issue Information on Regulatory Priorities for 2012
Federal agencies, including the U.S. Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board have issued their regulatory plans and agendas for 2012. Read the full post here. (January 24)
EU Data Protection Reforms Unveiled
By Ellen Temperton of Lewis Silkin (the UK member of Ius Laboris)
The European Commission has published proposals for a comprehensive reform of the 1995 EU Data Protection Directive.
The main aim is to remove inconsistencies created by the 27 EU member states having implemented the Directive in divergent ways and the consequent burdens for business. The proposals also attempt to reflect the rapid advances in technology since the Directive first came into effect.
The changes include a mandatory obligation to report data security breaches promptly and, where feasible, within 24 hours. At present, very few member states have compulsory rules requiring infringements to be notified. In addition, substantial powers to levy fines are proposed - between 0.5 and 2% of an organisation's global annual turnover.
Continue Reading...Proposed Standard for Psychological Health and Safety in the Canadian Workplace
A new and surprisingly complex Canadian Standards Association (CSA) Standard may be arriving at and impacting Canadian workplaces soon. A proposed Standard has been developed, setting out optimistic goals and processes for achieving "psychological health and safety" in the workplace. Policies, procedures, hazard identification, incident investigation and monitoring activities may be required, in addition to all of the existing steps being taken to develop and manage occupational health and safety systems.
The CSA, which develops standards for business, industry, government and consumers, released the draft Standard on November 1, 2011 for a period of public consultation which ended on January 6, 2012. The final Standard, which is expected to be published in early 2012, is intended to provide organizations with the necessary tools and guidance to achieve "measureable improvements in psychological health and safety" for Canadian employees and prescribes specific steps for employers to take to develop and maintain psychologically healthy and safe workplaces. As currently drafted, the steps prescribed and obligations imposed by the Standard are significantly broader than those currently imposed on employers under occupational health and safety and human rights legislation and the breadth of the Standard raises concerns about its viability for Canadian employers.
For an introduction to and analysis of the Standard, please see Heenan Blaikie's OHS & Workers' Compensation Update "National Standard for Pscyhological Harm and Safety in the Candian Workplace Released".
Legislative Update for the Week of January 16, 2012
Congress Responds to NLRB Recess Appointments
Members of the House of Representatives have voiced their disapproval of the President's recent recess appointments to the National Labor Relations Board by introducing a related resolution and bill. Read the full post here. (January 19)
Image credit: JuDesigns
Harassing One's Superior Is a Felony
By Jean-Benoît Cottin
According to article L. 1152-1 of the French Labour Code, "Employees shall not be subjected to repeated actions constituting moral harassment, which intentionally or unintentionally result in the deterioration of their working conditions and are likely to violate their rights and dignity, impair their physical or mental health, or jeopardize their professional future". Article 222-33-2 of the French Labour Code sanctions, under similar circumstances, moral harassment, by a penalty of one year's imprisonment and a EUR 15.000 fine. The provisions concerned do not provide any details as to the perpetrator involved.
The Criminal Chamber of the French Supreme Court recently ruled (Cass. crim., December 6, 2011, n°10-82266) that the perpetrator may be convicted even if the individual concerned is actually the subordinate of the victim (so-called "ascending harassment"). In this case, the employee of a social service had been harassing his superior, denigrating his work and repeatedly disseminating contemptuous information about the victim, portraying him as being professionally incompetent. This went on for several years and, as a result, the victim committed suicide.
Legislative Update for the Week of January 9, 2012
NLRB Recess Appointment Decision Receives First Legal Challenge
On January 13, 2012, the National Right to Work Foundation filed a motion to contest the constitutionality of the President's move to seat three new members to the National Labor Relations Board via recess appointment. Read the full post here. (January 13)
Supreme Court Strengthens Exception Barring Employment Discrimination Suits Against Religious Entities
A former religious school teacher who taught a full secular curriculum - as well as a daily course on religion and regularly led students in prayer and worship - cannot bring claims under the Americans with Disabilities Act against her employer because she qualified as a ministerial employee, even if the majority of her duties involved secular instruction. Read the full post here. (January 12)
Image credit: JuDesigns
Legislative Update for the Week of January 2, 2012
SEC Issues Regulatory Timeline for Implementing Dodd-Frank Provisions
The Securities and Exchange Commission (SEC) plans to issue within the next six months a final rule implementing Section 952 of the Dodd-Frank Act, which requires the SEC to adopt new disclosure rules for companies to report the use of compensation consultants and potential conflicts of interest. Read the full post here. (January 5)
Obama Makes Three Recess Appointments to the NLRB
On January 4, 2012, President Obama announced his intention to make three recess appointments to the National Labor Relations Board: Sharon Block (D), Richard Griffin (D), and Terence Flynn (R). Read the full post here. (January 4)
DOL Issues Fact Sheets on Retaliation
The Department of Labor's Wage and Hour Division has issued three fact sheets on unlawful retaliation under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. Read the full post here. (January 4)
Image credit: JuDesigns
New Directive Requires Single Work and Residence Permit for Non-EU Workers
By Sophie Maes of Claeys & Engels (the Belgium member of Ius Laboris)
An important new European Directive designed to facilitate migration of non-EU citizens was approved in December and has been officially published.
The legislation imposes significant obligations on EU member states in two respects:
- a single procedure for non-EU migrants to apply for a combined work and residence permit; and
- equal rights for third-country nationals working legally within the EU.
The Directive applies to all member states apart from Denmark, the United Kingdom and Ireland (which are specifically excluded).
Continue Reading...Italian Labour Reform: What Will the New Year Bring?
By Valeria Morosini of Toffoletto De Luca Tamajo e Soci (the Italy member of Ius Laboris)
On the 27th December 2011, a new law that will greatly reform certain aspects of Italian labour law was published in the Italian official gazette. The law will enter into force at the beginning of the new year and will bring major changes to company tax deductions and pensions.
Starting in January 2012, companies will receive tax deductions as a reward for employing workers under the age of 35 and female employees; these two groups make up the largest percentage of unemployed persons in Italy. However, the biggest change will come in the area of pension reform.
Continue Reading...Legislative Update for the Week of December 26, 2011
NLRB Revises Representation Case Handling Procedures for Two-Member Board
Anticipating the loss of a quorum, the National Labor Relations Board has issued a final rule revising its representation case certification process. Specifically, the Board is amending its rule requiring the automatic impoundment of representation election ballots when a party files a request for review. Read the full post here. (December 29)
Image credit: JuDesigns
National Smoking Ban Enacted in Brazil
Brazil recently became the largest "smoke-free" country in the world, according to the Pan American Health Organization, the regional arm of the World Health Organization. Previously, pursuant to Law No. 9.294 (in Portuguese) (July 15, 1996), smoking was permitted in public and private enclosed collective-use spaces if there was a designated, ventilated area exclusively for smoking. However, Article 49 of Law 12.546 (in Portuguese) (Dec. 14, 2011) amends Law No. 9.294 to prohibit the use of cigarettes, cigars, pipes or any other smoking product in all public and private enclosed collective-use spaces. While such a ban already existed within some Brazilian states, e.g., Sao Paulo and Rio de Janeiro, the new law applies nationwide. Accordingly, employers should review their on-premises smoking policies for possible amendment in light of the revised national law.
Photo credit: h photography