Articles in Employment & Labor

Companies may need a policy on work emails and calls after hours

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Should your business limit out-of-hours emails? Recent legal developments have raised the stakes on out-of-hours communications, and there are growing calls to give workers the right to disconnect. In addition, a wide range of multinationals – including Volkswagen and Axa – have introduced company policies against workers’ ‘hyperconnectedness’. It’s all part of a drive to protect workers against burnout and Read More

Employment Contracts in the UAE

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Employment laws in the United Arab Emirates (UAE) are generally known to be employee-friendly. The relationship between an employer and an employee in the UAE is governed by Federal Law No. 8 of 1980 relating to Labour Relations (UAE Labour Law). The UAE Ministry of Human Resources and Emiratisation (formerly Ministry of Labour and Social Affairs) has established a labour Read More

Federal Circuit Court Requires Separate Federal and State Disclosure Notices for Background Checks

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In a decision that could have nationwide implications for how employers conduct background checks, the 9th Circuit Court of Appeals recently held in Gilberg v. California Check Cashing Stores, LLC that a background check disclosure form violates the federal Fair Credit Reporting Act (FCRA) if it includes any extraneous information relating to any state background check disclosure requirements. The FCRA and the Read More

Illinois Rings in 2019 With New Employment Laws

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As we welcome 2019, the following is a recap of new laws affecting Illinois employers. Illinois Human Rights Act The Illinois Human Rights Act (IHRA) now requires all Illinois employers to advise employees of their right to be free from harassment, discrimination, and retaliation in the workplace. Read more on Gould & Ratner's Human Resources Law Blog. Read More

New York State’s “Call-In” and Scheduling Pay Requirements Likely to Change in 2019

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Background In an attempt to restrict employers’ use of flexible scheduling practices, the New York State Department of Labor (DOL) recently issued, for the second time, proposed regulations that would expand when covered employers must pay non-exempt employees call-in pay and impose new obligations on covered employers to pay non-exempt employees for unscheduled shifts, cancelled shifts, on-call time and call-for-schedule Read More

How Companies Address #MeToo Claims in Executive Employment Agreements Matter

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In a recent working paper, researchers at UCLA and the University of Amsterdam determined that a single sexual harassment claim can cause more damage to a company’s reputation than financial misconduct or fraud. In this #MeToo era, it’s no surprise that companies are nervous about sexual harassment. On the more positive side, the academic paper also found that how a Read More

Concern for employers as Court of Appeal uphold Morrisons data breach ruling

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Is an employer liable in damages to employees whose personal and confidential information has been criminally misused by another employee in breach of data protection laws and obligations of confidence? Yes, said the Court of Appeal in William Morrison Supermarkets plc v various claimants. Mr Skelton (S), an internal auditor with Morrisons, aggrieved by disciplinary action taken against him, posted Read More

We should all do our bit for trustee diversity

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Charities and employers both have a role to play in encouraging and supporting young trustees. A welcome aspect of this year’s Trustees’ Week on 12-17 November is the focus on youth - in particular the ‘Young Trustee’ campaign to get 250 charities to pledge to recruit a young person to their board. The need for an initiative like this was Read More

Employers Beware: Using Employee Non-Solicitation Clauses May Violate California Law

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A California Court of Appeal on November 1, 2018, affirmed a San Diego trial court’s judgment voiding post-employment non-solicitation of employee contract provisions and enjoining their enforcement. In AMN v. Aya Healthcare __ Cal. App. 4th __, 2018 WL 5669154, the Court also confirmed the award of attorney’s fees to the prevailing former employees and their new employer under California Code of Read More

Recent Growth in the Boston Area Life Sciences Ecosystem

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The life sciences ecosystem in Boston is flourishing at a prolific pace. Boston is the mecca of strong universities coupled with some of the top teaching hospitals in the country, producing imaginative, intelligent individuals with science and medical backgrounds. These researchers and entrepreneurs are driven to launch the latest groundbreaking ideas and devices to fight diseases, develop cures, and challenge Read More