Searching Content indexed under Employment Litigation/ Tribunals by Jones Day ordered by Published Date Descending.
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European Court Of Justice: Employers Must Implement A Daily Working Hours Registry
The European Court of Justice ("ECJ") recently ruled that all employers in EU Member States must implement a daily registry of employee working hours.
European Union
18 Jun 2019
Monthly Update—Australian Labour & Employment - January 2019
In this edition of the Update, we first report on new legislation passed in respect of modern slavery, review of Modern Awards and report on the introduction of domestic violence leave into the National Employment Standards ("NES").
1 Feb 2019
WorkPac Pty Ltd v Skene [2018] FCAFC 131
WorkPac operated a labour hire business which employed Mr Skene as a dump-truck operator.
25 Sep 2018
Unilever Australia Trading Limited V Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union Known As The Australian Manufacturing Workers' Union (AMWU) [2018] FWCFB 4463
The AMWU construed the exclusion in clause 1 to relate only to the entitlement to payment itself, not to the calculation of service under the Agreement.
25 Sep 2018
German Federal Labor Court Approves Strikebreaker Premium
The German Federal Labor Court (Bundesarbeitsgericht) ("BAG") held, on August 14, 2018, that it is permissible for an employer to promise employees a premium if they refuse to participate in a strike.
29 Aug 2018
Third Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not Possible
In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule ...
United States
27 Nov 2017
General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor
The court held there was insufficient evidence of intent because there was no evidence the defendant knew the plaintiff's specific location or that the defendant knew the exact fall path of the equipment.
United States
7 Aug 2017
Monthly Update—Australian Labour & Employment - March 2017
In this edition of the Update, we take a closer look at two proposed changes to Australian employment law.
13 Apr 2017
The Fate Of The New Overtime Regulations Remains Uncertain
The legal battle over the new overtime regulations under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. ("Final Rule"), continues.
United States
10 Jan 2017
Second Circuit Overturns NLRB Unit Determination And Admonishes NLRB For Misapplying Specialty Healthcare Standard
Employers have not been generally successful under Specialty Healthcare when attempting to broaden petitioned-for bargaining units.
United States
5 Dec 2016
Tokyo High Court Decision Recognizing A Breach Of A Company's Duty Of Care In Connection With The Occurrence Of An Employee's Depression Due To Overwork
On August 31, 2016, the Tokyo High Court issued a decision ordering a company to pay an aggrieved employee approximately 60 million JPY.
27 Oct 2016
Supreme Court Upholds Validity Of A Six-Month Restraint To Prevent Senior Executive Commencing Employment With Competitor
The Supreme Court of New South Wales recently considered an application for an interlocutory injunction by an employer who sought to prevent an employee commencing employment with a competitor company.
21 Oct 2016
Fair Work Commission Rules That Redundancy Payments Must Take Into Account Prior Casual Employment In Certain Circumstances
The Full Bench of the Fair Work Commission has ruled that, in calculating redundancy payments, the employee's period of continuous service must take into account certain periods of prior casual employment.
21 Oct 2016
Third Circuit Rules That Private Equity Fund And Portfolio Company Are Not A "Single Employer" For Purpose Of WARN Act Liability
As private equity funds increasingly decide to participate actively in the affairs and management of their portfolio companies, recent court rulings suggest that funds may face greater exposure to liability for a portfolio company's obligations.
United States
28 Sep 2016
Monthly Update—Australian Labour & Employment - August 2016
In this month's Update, we examine a number of important developments likely to affect employers, including significant changes to the approach of the Fair Work Commission.
12 Aug 2016
Supreme Court Rules That No Deference Is Owed To Unexplained Changes In Agency Positions
The underlying issue in Encino Motorcars was whether service advisors at an auto dealership were entitled to overtime pay under the Fair Labor Standards Act ("FLSA").
United States
28 Jun 2016
Monthly Update—Australian Labour & Employment - June 2016
In this month's Update, we focus on a number of recent developments which have attracted a great deal of media attention and are likely to significantly alter the landscape of labour & employment law in Australia.
16 Jun 2016
Monthly Update—Australian Labour & Employment - April 2016
In this month's Update, we focus on two decisions of the Federal Circuit Court in which the court made significant penalty orders in response to an employer's adverse action in breach of the Fair Work Act 2009 (Cth).
13 May 2016
Federal Circuit Court Asked To Determine What Are "Reasonable Additional Hours" For Employed Solicitors
In Gorval & Ors v Employsure [2016] FCCA 231, Mr Sergey Gorval, Matthew Lynch and Christopher Mahoney (the "individuals") were employed full-time as employment lawyers for Employsure.
19 Apr 2016
Prevention Better Than Cure In The Case Of Competition From Ex-Employees
The first plaintiff, Lifeplan, was in the business of funds management and the provision of investment products, including funeral products, which it marketed and distributed through a wholly owned subsidiary.
19 Apr 2016
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