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Employment Law

Are You Prepared for California Employment Law Changes?
Employment Law
Are You Prepared for California Employment Law Changes?

California businesses must prepare to navigate significant updates in state employment laws, which will shape how employers manage their workforce, ensuring compliance and minimizing legal risks. A pivotal change is the clarification on the classification of workers—employers cannot misclassify employees as independent contractors as the ABC test now firmly places the presumption that most workers are employees unless they meet

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Navigating Political Affiliation Bias in Hiring: Legal and Ethical Risks
Recruitment-and-On-boarding
Navigating Political Affiliation Bias in Hiring: Legal and Ethical Risks

There is complex issue of political affiliation bias in the hiring process. It addresses the legal and ethical implications of considering a candidate’s political beliefs during recruitment and emphasizes the potential risks associated with such practices. In an increasingly polarized political climate, the choices made during hiring can carry significant repercussions for both employers and employees, paving the way for

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Navigating Holiday Season Challenges: HR Compliance and Best Practices
Employment Law
Navigating Holiday Season Challenges: HR Compliance and Best Practices

The holiday season is a time of joy and celebration, but for HR departments, it can also be a period fraught with compliance challenges and potential pitfalls. Ensuring that company policies are upheld while fostering a positive work environment is crucial. This article delves into four primary areas of concern for HR professionals during the holiday season: gift-giving, holiday payments,

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Do You Know Your Rights Under Employment Laws?
Employment Law
Do You Know Your Rights Under Employment Laws?

In today’s rapidly evolving work environment, understanding employee rights is crucial for both workers and employers. Employment laws are crafted to foster a fair relationship between the two parties, covering a range of issues from hiring processes to workplace safety standards. These laws not only offer protections but also impose responsibilities on employers to ensure that the work environment is

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Future Employment Law Shifts: U.K., EU, and U.S. Post-Election Trends
Employment Law
Future Employment Law Shifts: U.K., EU, and U.S. Post-Election Trends

The recent webinar on global compensation, employment, pensions, and governance brought together a panel of employment and compensation lawyers from various jurisdictions who discussed future shifts in employment law following the recent U.S., U.K., and EU elections. Moderated by Inge Vanderreken, the discussion featured insightful contributions from John Cannon, Arnold Keizer, and Gordon Bartlett. The main focus of the event

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Was the Environmental Technician’s Dismissal by the Book?
Payroll
Was the Environmental Technician’s Dismissal by the Book?

The recent decision by the Fair Work Commission (FWC) in Australia has brought significant attention to an unfair dismissal case involving an environmental technician. Employed from February 28, 2020, until his abrupt dismissal on May 8, 2024, the technician claimed that his termination was unjust. This case has become a crucial analysis of disciplinary procedures, employer obligations, and the principle

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Was the Injured Truck Driver an Employee or Independent Contractor?
Employment Law
Was the Injured Truck Driver an Employee or Independent Contractor?

In the complex world of employment relationships, determining whether a worker is an employee or an independent contractor often falls into a murky gray area. Such ambiguity came into sharp focus in a recent Hong Kong case involving a truck driver who suffered an injury while on duty. The core issue was the nature of his employment status, which was

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FWC Defines “Earnings” in High-Income Dismissal Eligibility Case
Payroll
FWC Defines “Earnings” in High-Income Dismissal Eligibility Case

The Fair Work Commission (FWC) recently addressed a pivotal case involving a senior cybersecurity specialist dismissed from a chemicals, energy, and fertilizers company. The employee challenged his termination on the grounds of unfair dismissal, asserting his earnings fell below the high-income threshold required to file such claims. Central to the dispute was whether his technical support allowance, received outside of

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Court Revives Manager’s Claims of Wrongful Firing Due to Diabetic Episode
Employment Law
Court Revives Manager’s Claims of Wrongful Firing Due to Diabetic Episode

The case involving a former Hardee’s restaurant store manager in Nebraska has drawn significant attention after the 8th U.S. Circuit Court of Appeals decided to revive her claims of wrongful termination. After experiencing a severe diabetic episode, resulting in her inability to comply with her employer’s call-in policy, she alleges her termination was a violation of her rights under the

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FWC Upholds Compensation for Unfairly Dismissed WA Worker
Employment Law
FWC Upholds Compensation for Unfairly Dismissed WA Worker

The Fair Work Commission (FWC), Australia’s national workplace relations tribunal, has recently delivered a pivotal ruling in favor of a Western Australian disability support worker who was subject to unfair dismissal by her employer, a health care services provider. The case hinged on the involuntary resignation of the worker following unilateral changes to her employment contract initiated by the employer,

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Proving Damages in Wrongful Termination: A Lesson from B.C. Tribunal Cases
Employment Law
Proving Damages in Wrongful Termination: A Lesson from B.C. Tribunal Cases

In British Columbia, employers grappling with the decision to terminate an employee for breach of contract face a complex legal landscape, as highlighted by recent tribunal cases. These cases emphasize the crucial role of solid evidence in wrongful termination lawsuits and shed light on the subtleties that can sway the outcome of such legal challenges. For employers, these pivotal decisions

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Is Your Employment Arbitration Agreement Enforceable?
Employment Law
Is Your Employment Arbitration Agreement Enforceable?

In the dynamic landscape of employment law, the significance of arbitration agreements has gained the spotlight, especially after a notable case from Central Florida. At the heart of the discussion is whether an employee’s refusal to sign an arbitration agreement impacts their ability to pursue a discrimination claim. These arbitration agreements are more than just standard contracts; they are complex

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