New UK Coalition Government - Prospects for Employment Law
The outcome of the UK's general election on May 6 was a Conservative/Liberal Democrat coalition government headed by the Conservative Party leader David Cameron (prime minister) and Liberal Democrat leader Nick Clegg (deputy prime minister).
Coalitions are unusual in the UK - the last one being during the Second World War - so there is a real sense of the country entering uncharted political waters. It is too soon to be certain what the new administration's priorities will be in terms of potential employment reforms. However, a few clues can be gleaned from the Coalition's programme for government, outlined below.
Continue Reading...U.S. Health Care Bill Requires Employers to Provide Time and Space for Nursing Mothers to Express Milk
Buried in the Patient Protection and Affordable Care Act, the massive health care overhaul legislation
Ontario Government Moves to Freeze Public Sector Wages
The freeze would not apply to unionized or non-unionized employees who bargain collectively with their employers.
Ontario's Minimum Wage Rate Increased
Amendments to regulations under the Employment Standards Act,
-
General minimum wage rate from $
-
Students under
-
Liquor servers from $
-
Hunting and fishing guides working less than five consecutive hours from $
-
Hunting and fishing guide working more than five consecutive hours from $
-
Homeworkers from $
Increase in Average Remuneration: No Need to Consult
Companies no longer have to consult the index of increase in average remuneration with the unions. This is the most important consequence of the abrogation of the Act on the Negotiating System for Determining the Increase in Average Remuneration at Companies as of 1 January 2010. Also, the Tripartite Commission (government, unions, employers' organizations) will no longer establish such an index at the national level. For the
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...Regulations on Equal Treatment for Agency Workers Finalised
The Agency Workers Regulations 2010, implementing the EC Temporary Agency Workers Directive (2008/104/EC) have been put before the UK Parliament, although they will not come into force until October 2011. The Regulations provide all employment agency workers with a right to equal treatment in basic working and employment conditions with their directly employed counterparts after 12 weeks in a given job.
Continue Reading...Significant Decisions in Labour, Employment, Human Rights, and Pension Law in 2009
In the last year, Canadian courts have tackled a wide range of legal issues that are relevant to employers. In the employment law context alone, the courts have considered the obligation of departing employees, the enforceability of non-competition covenants, and the ability of employees to commence a class action to seek damages for unpaid overtime pay.
To keep employers up to date on developments in the law, Heenan Blaikie's national labour and employment law practice has prepared a paper entitled " Recent Developments in Labour and Employment, Pension & Benefits and OHS/Workers Compensation" (pdf). The paper provides an overview of developments in the areas of employment, human rights, pensions, benefits, federal and provincial labour, workplace privacy, occupational health and safety, and workers' compensation law in 2009.
Sanctions Against Employers of Illegally Staying Third Country Nationals and the Joint and Several Liability of the Principal in a Subcontracting Situation
On 30 June 2009, Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 concerning "sanctions and measures against employers of illegally staying third-country nationals" (the so-called "Sanction Directive") was publicized.
The Directive sets some minimum rules for actions and sanctions against employers of illegal immigrants in order to counter, in general, illegal immigration within the Member States.