USA: Protection from Discrimination to Breastfeeding Mothers

New Jersey has introduced new employment rights for breastfeeding mothers in the workplace, requiring employers of all sizes to provide employees with time and space to express breast milk. Workplace Protections for Breastfeeding Mothers On 8 January 2018, New Jersey became the 18th US state to enact civil rights protection for breastfeeding mothers. New Jersey’s Law Against Discrimination now expressly prohibits discrimination or retaliation by…

Spain: Misuse of employee´s image by employer in social media?

One of the personal rights of employees is honour and reputation, which is contained in Article 18.1 of the Spanish Constitution and is closely connected to the right to private and family life in Article 12 of the United Nations Universal Declaration of Human Rights and Article 8 of European Convention on Human Rights. From a national perspective in Spain, Organic Law 1/1982 provides protection…

Ukraine: Employment law review 2017

This article provides a brief overview of the substantive changes to Ukrainian employment law in 2017. They include an increase in the minimum wage, penalties for employment law violations, new visa rules for foreign workers, changes to state labour audits and pension reform. Increase to Minimum Wage From 1 January 2017, pursuant to the State Budget Act for 2017 the Ukrainian minimum salary was raised…

France: New items for 2018 French HR agenda

Pursuant to various HR law reforms in 2017, most of which are applicable as of 2018, your HR department will need to take immediate action to bring your company into compliance. Here is an overview of the most significant measures. Goodbye Works Council, hello Social and Economic Committee! In all companies, Staff Delegates, the Works Council and the Health and Safety Committee must be replaced…

New Zealand: Employment Law Reforms Announced

Following the general election in September last year, the new Government has signaled changes to legislation governing the 90-day trial period for new employees. These changes differ from the measures proposed under Labour’s election policy, which included the introduction of referees who would be able to reinstate or award limited damages to employees unjustifiably dismissed during a trial period. 90-day trial periods The Government’s Bill…

Luxembourg: Telework in the European banking sector

The European social partners in the banking sector adopted a Joint Declaration on telework on 17 November 2017, which is due to be followed soon by a Declaration on the social impact of digitisation in the banking sector. This Joint Declaration on telework is not a legally-binding document. It does however contain extensive information and useful precisions on the establishment of telework, practical application conditions…

UK, France, Ukraine: Accidents In The Workplace

This article provides an overview of the international occupational health and safety regulatory frameworks and the employer’s duties and potential penalties that exist in Ukraine, the UK and France. It was first published in International HR Adviser in January 2018. Accidents in the workplace take place more often than most people realise. It is important that employers are aware of their liabilities and responsibilities to…

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….

Belgium: A ‘first aid’ guide to deal with data breaches

This article sets out the steps organisations should take in dealing with a breach of data privacy from an employment law perspective, based on recent regulatory guidance in Belgium. What should you do if your company is affected by a cyber-attack and hackers purchase your employees’ personal data, or one of your employees loses a USB stick or laptop containing personal data? Guidance issued by…

Germany: The perfect restructuring (part 1)

  When it comes to restructuring projects, companies often face a range of challenges. These include numerous factors that may directly or indirectly trigger employment law consequences. The perfect restructuring succeeds and begins in (allegedly) prosperous times and not when signs already point to a crisis. In this series of articles, we will examine the strategic and employment law aspects of restructuring. Part 1 deals…