Arbeitsrecht. Weltweit.

Autor FordHarrison

23.11.2018
Freitag

US: Department of Labor relaxes rules for tipped employees

U.S.A.

Employers now have greater flexibility in how they remunerate tipped employees who also perform non-tipped duties as a result of a reissued opinion from the US Department of Labor. This article sets out details of the revised and clarified policy, which is already effective. Executive Summary The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the ‘80/20 rule’ to tipped employees, and will no longer require employers to...

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19.01.2018
Freitag

USA: New Primary Beneficiary Test for Internships

Recently, the US Department of Labor (DOL) announced that it will adhere to a new test for determining whether interns qualify as employees under the Fair Labour Standards Act (FLSA). The FLSA requires for-profit employers to pay ‘employees’ for their work; however, whether interns or students qualify as ‘employees,’ and, thus, are entitled to compensation for services provided, has been the subject of considerable litigation. In its statement, the DOL abandoned the six-factor test it instituted in 2010, and instead endorsed the ‘primary beneficiary’ test which was established by the Second Circuit in Glatt – v - Fox Searchlight Pictures, Inc. Further, the DOL stated that the Wage and Hour Division’s investigators will “holistically analyse internships on a case-by-case basis.” This is a strategic change in the DOL’s enforcement policies to align its procedures with several circuit court decisions. Ganzen Artikel lesen

15.12.2017
Freitag

USA: Employment law and marijuana

Some parts of the US have already fully legalised the use of marijuana, others are allowing for medicinal use, while still others are holding on to full prohibition [see map below]. This article discusses the potential workplace safety and employment law consequences for employers of the proposed legalisation of recreational marijuana in New Jersey. What’s happening in the state of New Jersey is fairly typical of the kind of changes taking place across the whole of the US – and it raises some interesting questions for employers. Ganzen Artikel lesen

04.08.2017
Freitag

U.S.A.: New statutes in Florida for ride-sharing industry

Florida lawmakers recently addressed the issue of how to classify transportation workers by enacting a law (Florida Statute § 627.748) that will permit transportation network companies (TNCs) (commonly referred to as ‘ride sharing’ companies) to classify their drivers as independent contractors under Florida law if they meet the law’s requirements. Ganzen Artikel lesen

02.06.2017
Freitag

Robotics in the workplace – From a North American and European perspective

Robot
While automation in the workplace has been used for decades to improve speed, efficiency and cost effectiveness, until recently, automating work requiring judgment and perception was reserved for science fiction films. In the last five years, however, the wide availability of powerful computer chips, big data storage and processing, and inexpensive sensors, as well as the development of new algorithms, have led to improvements in “cognitive computing” and “artificial intelligence” (AI). Ganzen Artikel lesen

10.03.2017
Freitag

U.S.: New employment law regulations in 2017

U.S.A.
It has been a little more than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect businesses and employees. President Trump is certainly business-minded and has promised to focus on creating American jobs and incentives for businesses that bring jobs back from overseas. However, he has also presented himself as an advocate for blue-collar workers, which could put him at odds with more conservative thinkers on some employment issues. While it is difficult to predict what specific actions the new administration may take, we can gain some insight from actions the President has already taken and from statements made during his campaign. Ganzen Artikel lesen

28.10.2016
Freitag

New equal treatment rules in the U.S.

Equal treatment
The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final Enforcement Guidance regarding retaliation claims. The Enforcement Guidance emphasizes the agency’s broad interpretation of the protections afforded to employees who participate in EEO proceedings or complain about discriminatory practices. The EEOC is the federal agency charged with enforcement of most U.S. federal discrimination laws. Ganzen Artikel lesen

22.07.2016
Freitag

The hidden dangers of “Uberizing” a workforce

Uber
Technology is changing how, when and where we work. With these changes come shifting attitudes in how workers view their relationship with employers. The “on-demand” economy purports to bridge this gap, giving workers flexibility to choose when to work and connecting employers with available skilled labor when they need it most. The on-demand model would appear to provide both workers and employers what they want. But what hidden dangers lie in “Uberizing” your workforce? Ganzen Artikel lesen