Labor Archives | Page 16 of 38 | EMPLOYEE BENEFITS BLOG

UK Employment Alert | The Uber Saga Continues – “Worker” Status in the Gig Economy

by Anthony A. Bongiorno, Katie Clark and Paul McGrath | Nov 30, 2017 | Benefit Controversies, Employment, Labor

The UK Employment Appeal Tribunal has upheld the Employment Tribunal’s finding that Uber drivers are “workers”. It rejected Uber’s argument that Uber is simply a technology platform acting as an agent to connect self-employed Uber drivers with users of the ride-hailing app.

What Is the Issue?

The United Kingdom recognises three categories of employment status: employees, workers and self-employed contractors, each with varying levels of protection under employment law. Employees and workers are afforded greater protection than self-employed contractors, with employees having the full suite of UK employment rights. Workers are entitled to core rights such as statutory holidays, sick pay and breaks, and national minimum wage.

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No Good Deed Goes Unpunished: Inferior Parental Leave Policies Can Result in Discrimination Claims

by McDermott Will & Emery and Jeremy White | Oct 19, 2017 | Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans, Labor

To recruit and retain top talent, employers often offer benefits more generous than required under the law. Such benefits include unlimited vacation, paid maternity leave and paid paternity leave. However, a recent US Equal Employment Opportunity Commission (EEOC) lawsuit filed against Estee Lauder Companies, Inc. (Estee Lauder) reveals how even the most well-intentioned of programs can result in a discrimination lawsuit.

“Back to School” Round-Up of Key UK Employment Law Developments in 2017 to Date

by Anthony A. Bongiorno, Katie Clark and Paul McGrath | Sep 27, 2017 | Employee Benefits, Employment, Health and Welfare Plans, Labor, Retirement Plans

In this “back to school” round-up, we take the opportunity to catch up on the most important UK employment law events and developments in 2017 to date.

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French Labor Law Reform: A Breakdown of Key Items in the Overhaul

by McDermott Will & Emery | Sep 19, 2017 | Employment, Labor

The French government has announced labor reforms intended to promote flexibility and improved predictability at both the collective and individual level. The decrees should be approved by the president on September 22, 2017, and the parliament would have to ratify the decrees in the coming months. Their ratification is not expected to undergo major hurdles, but we will provide you with updates on this reform and its consequences on companies and employment in France once it has been approved.

US Immigration under the Trump Administration: What We Know and What We Think We Know

by Joan-Elisse Carpentier | Sep 12, 2017 | Employee Benefits, Employment, Labor

President Donald J. Trump recently issued an Executive Order, followed by a proposed bill and other guidance, which would drastically change the current immigration system. Based on these developments, employers should be prepared for immigration hiring changes and may want to consider applying now for immigrant status for affected key employees.

Hurricane Harvey Relief for Employee Benefit Plans

by Allison Wilkerson and Diane Morgenthaler | Sep 7, 2017 | Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment, Fiduciary and Investment Issues, Health and Welfare Plans, Labor, Retirement Plans

The Internal Revenue Service and the Department of Labor relaxed some deadlines for eligible employee benefit plans and expanded the availability of withdrawals and loans for eligible defined contribution plan participants in the disaster area. However, the Pension Benefit Guaranty Corporation announced that some of its required filings will not be extended automatically.

Employers Can Provide Tax-Free Disaster Assistance to Employees

by Allison Wilkerson, Robert C. Louthian, III and Ruth Wimer | Sep 5, 2017 | Employee Benefits, Labor

Section 139 of the Internal Revenue Code allows an employer to provide tax-free qualified disaster relief payments to Texas and Louisiana employees in designated areas affected by Hurricane Harvey.

As Federal Progress Stalls, State, Local and Private Initiatives March Towards Pay Equity

by McDermott Will & Emery and Evan A. Belosa | Aug 10, 2017 | Employee Benefits, Employment, Executive Compensation, Labor

Pay equity, the concept that gender differences should not affect compensation, is a concept easy to support, yet has been stubbornly hard to achieve. Federal law has become calcified in addressing the stubborn pay gap between men and women. State and local initiatives, along with private actors, have increasingly taken steps in the past year to address pay equity.

UK Supreme Court Rules Employment Tribunal Fee Regime

by Anthony A. Bongiorno, Katie Clark and Paul McGrath | Aug 3, 2017 | Employment, Labor

A significant judgment delivered on July 26, 2017, by the UK Supreme Court increases the likelihood of employment claims being brought in the future and is of significance to all organizations employing staff in the United Kingdom.

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Legally Mandated Benefit Plan Changes Still Require Bargaining

by McDermott Will & Emery and McDermott Will & Schulte | Jun 15, 2017 | Employee Benefits, Employment, Health and Welfare Plans, Labor

A unanimous panel of the NLRB, including Chairman Philip A. Miscimarra, held that ACA mandates do not relieve an employer of its duty to bargain with a union representing its employees regarding certain health insurance benefit plan changes.

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