The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will increase as of 6 April 2017.
This alert sets out the changes in full and highlights important consequences for employers.
McDermott’s “Key Employment Law Events in 2017 and Beyond” update highlighted the upcoming regulations requiring certain employers to report on the gender pay gap in their workforce (Equality Act 2010 (Gender Pay Gap Information) Regulations 2017) (the Regulations). Under these Regulations, from April 2017, large private and voluntary sector UK employers will be required annually to calculate and publish a range of gender pay information regarding their workforce.
Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund has been analyzed extensively over the past four years, as it has made its way from the US District Court for the District of Massachusetts to the First Circuit Court of Appeals and back again. With the case once again on appeal, we must wait to see how the latest court decision will further influence the structure of private equity deals. In the meantime, private equity funds should use the most recent District Court and First Circuit Sun Capital decisions as a road map for structuring deals where the target portfolio company has defined benefit pension plan or multiemployer pension plan liabilities.
The federal government’s focus on pay equity and pay data, and the passage of groundbreaking equal pay laws in a number of states, has been one of the biggest employment law developments of 2016. Litigation involving pay equity claims has also risen in the past year. Given the increased focus on pay equity from these multiple sources, employers are well-advised to examine their compensation policies and practices. Understanding and applying the varying tests for pay equity under federal and state statutes can pose a challenge, however.
On January 24, McDermott hosted an in-depth webinar to discuss the federal Equal Pay Act; state equal pay laws; the EEOC’s pay data rule; how to conduct a pay equity study; and employer defenses to pay equity claims.
To view the archived presentation slides, please click here.
To view the archived webinar, please click here.
Over the past week, President Donald J. Trump signed three Executive Orders involving US immigration issues. The Executive Order signed on January 27, 2017, was somewhat unexpected in terms of its focus and the extent of its reach. Entitled “Protecting the Nation from Foreign Terrorist Entry into the United States,” the order has an immediate impact on millions of legal immigrants, nonimmigrants and US businesses.
Since the order was signed, there have been numerous announcements from the US Department of Homeland Security, including US Citizenship & Immigration Services and US Customs & Border Protection, as well as the US Department of State. Many of these announcements have been contradictory or have been superseded immediately by other information. This is an ever-changing situation, but the following information is current as of press time:
Current indications are that 2017 may be a fairly static year as regards to employment law.
Whilst it is anticipated the government will trigger Article 50 to start Brexit negotiations, these are likely to last for at least two years, and existing employment laws are unlikely to feel any ripple effect from leaving the European Union for some time.
In the meantime, the Prime Minister has asked for a review, expected to take around six months, on whether current employment laws are adequate to protect the rights of the growing numbers of atypical workers. It is unlikely though that any resulting changes will come into effect in 2017.
There are, however, a number of key developments that employers will definitely need to get to grips with, or at least prepare for, in 2017.
*Cindy LaMontagne (Trainee) contributed to this article.
The federal government’s focus on pay equity and pay data, and the passage of groundbreaking equal pay laws in a number of states, has been one of the biggest employment law developments of 2016. Litigation involving pay equity claims has also risen in the past year. Given the increased focus on pay equity from these multiple sources, employers are well-advised to examine their compensation policies and practices. Understanding and applying the varying tests for pay equity under federal and state statutes can pose a challenge, however.
To learn more, please join us for an in-depth webinar on Tuesday, January 24, 2017 at 12:00-1:00pm EST.
Large fines have recently been imposed against public companies due to using confidentiality provisions that violate whistleblower provisions under federal securities law. Many standard confidentiality clauses in employment agreements, severance agreements, release agreements, non-compete agreements and other employment related agreements will violate these whistleblower provisions. Recently, the Office of Compliance Inspections and Examinations at the US Securities and Exchange Commission announced that it is actively reviewing these agreements to determine if there are possible securities law violations.
This webinar will address the whistleblower provisions relevant to employment related agreements, the recent SEC enforcement actions, the compliance issues raised by typical confidentiality clauses and actions for employers to consider for existing and future employment related agreements.
On-demand presentation link available here.
MP4 downloadable link available here.
A federal district court judge in Texas issued an order granting a temporary injunction late Tuesday against the Department of Labor’s new overtime exemption rule that was scheduled to take effect December 1. This article contains some practical tips on what employers should do next.
As you may have seen from the extensive press coverage, the UK Employment Tribunal has delivered its much anticipated judgment in Aslam and Farrar v Uber. The case was about whether Uber drivers are self-employed contractors, or are “workers” with rights to minimum wage, statutory holidays, sick pay and breaks, amongst other workers’ rights.
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