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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


Italy, France, Germany, Sweden and USA: Dress code and appearance policies

Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts. 

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

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


U.S.: New employment law regulations in 2017

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


Sexual harassment at work: Global concern with local solutions

Sexual harassment
A recent headline could put fear in the hearts of general counsel and HR professionals alike. A restaurant franchisee in Ohio shells out $ 1.4 million to settle a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission on behalf of multiple women. In that case, EEOC v. E. Columbus Host, LLC, the EEOC claimed a restaurant manager engaged in egregious sexual harassment of 12 female employees. His behavior was said to include pressuring workers as young as 17 for sexual favors, unwelcome touching of female workers, making humiliating remarks about women, and retaliating against female employees who complained. Ganzen Artikel lesen


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


The hidden dangers of “Uberizing” a workforce

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


What’s on the Horizon for U.S. Employers in 2016?

While the upcoming U.S. Presidential election and on-going Congressional gridlock make it unlikely any new federal employment laws will be enacted in the U.S. in 2016, employers can expect federal agencies to continue their efforts to implement the Obama Administration’s agenda through rule-making and increased compliance activity. Additionally, states undoubtedly will continue to enact legislation to fill in what many perceive as gaps in laws protecting employees. Here’s what is on the labor and employment law horizon for U.S. employers in 2016. Ganzen Artikel lesen


Labor Department unveils final „Persuader Rule“

On March 24, 2016, the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any arrangement to persuade employees directly or indirectly concerning the right to organize or bargain collectively. These reports must be filed electronically and, once filed, become publicly available records. Ganzen Artikel lesen


USA: New overtime regulations since 1 December 2016

The Final Rule published by the U.S. Department of Labor (DOL) amending the "white collar" exemption tests for executive, administrative, and professional employees under the Fair Labor Standards Act (FLSA) will take effect December 1, 2016. Although it is possible the implementation date could be delayed by court order as a result of litigation challenging the rule, currently no such order has been issued. Accordingly, employers should be prepared to comply with the new requirements on December 1. Ganzen Artikel lesen