According to the Danish Supreme Court's judgment of 17 March 2016, an employer's summary dismissal of an employee was justified due to the employee's use of his company mobile phone for the purchase of train tickets by means of an app, after which the expense was paid over the phone bill. The case involved an employee who - by virtue of his position as system developer - had been provided with a company mobile phone ...
A summary dismissal of a salaried employee who was seven minutes late for work was justified according to the judgment of 27 May 2014 delivered by the City Court of Glostrup. The case involved an employee appointed as deputy manager in a supermarket who repeatedly showed up late for work - typically only a few minutes. It had been emphasised on various occasions to the employee that he had to show up for work on time - but without result ...
In the early hours of Saturday, March 14, 2020, the United States House of Representatives passed the Families First Coronavirus Response Act (FFCRA), which is designed to expand relief in response to the COVID-19 outbreak, through access to free testing, enhancing food assistance, increasing Medicaid funding, and providing paid sick leave and unemployment benefits to workers ...
In Hungary, the Government hasintroduced multiple measures – besides the ongoing curfew restrictions – aimed at helping companies navigate through these hard times. Hédi Bozsonyik, Head of our Employment Law practice, has summarized the most important facts. 1. General employment law related measures a.) The employer has more flexibility in modifying the work schedule even after it was communicated with the employees; b ...
Summary On September 9, 2021, President Biden issued his Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Executive Order”) that, when implemented, will require most federal contractors to comply with all guidance for federal contractor and subcontractor workplace locations published by the Safer Federal Workforce Task Force (see www.saferfederalworkforce.gov) ...
On the 10thof April, 2020, the Government of Hungary as part of its long-awaited Economic Protection Action Plan (the “Plan”) introduced by Government Decree 104/2020 the possibility for employers to introduce a 24-month working time frame. According to Government Decree 104/2020, during the state of emergency the Labor Code shall apply with the exception that the employer may order a working time frame for a maximum of twenty-four months ...
With respect to the situation caused by the pandemic and its possible data protection impacts, please find below a summary of the statement of the European Data Protection Board (EDPB) on the processing of personal data in the context of the COVID-19 outbreak, issued on 19 March 2020. The EDPB starts by emphasizing that “[d]ata protection rules (such as the GDPR) do not hinder measures taken in the fight against the coronavirus pandemic ...
A SUMMARY OF THE FINAL REGULATIONS ON THE STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ISSUED DECEMBER 28, 2000 AS MODIFIED BY THE FINAL REGULATIONS ISSUED ON AUGUST 14, 2002 CAVEAT: This outline summarizes the HIPAA Privacy Regulations as modified. No one should rely on this as legal advice. In every situation, the application of the rules requires careful analysis of a counsel who is familiar with your particular situation. I ...
From the legislator, it is relevant to draw attention to the new rules on remote court sessions and remote examination. The rules are based on the principle that court proceedings in Norway shall take place in a meeting where the participants are physically present. However, the preparatory works maintains that it’s time to make these regulations more flexible, to ensure appropriate, modern and efficient court proceedings ...
Unexpectedly, Home Office guidance Employer’s guide to right to work checks has been updated to expand on the required steps for employers who are taking on an individual to carry out ‘supplementary employment’. It now helpfully gives clarification on what steps should be undertaken to ensure that right to work checks for this category of employees are done correctly ...
Through this Circular, the Ministry of Work recalls that all employers are obligated to provide their employees with proper protection equipment with the safety and efficiency conditions required according to the risk´s nature ...
Employers are likely to have experienced some of their employees losing a baby before the 24 week mark. Employees may have been open about it with their employers; others may not have been especially if their pregnancy was in the early stages. The Government has just launched a new scheme for parents who experience a loss of pregnancy before 24 weeks. The scheme went live at 9am on 22 February 2024 and allows parents in this situation to request a baby loss certificate ...
Josh Cavallo has demonstrated enormous bravery by becoming the only current male professional footballer to come out as gay. We consider how employers can foster a workplace environment that is supportive of LGBTQ+ employees who choose to come out. This week Josh Cavallo of Adelaide United showed incredible courage by publicly announcing his sexuality ...
More and more employers are introducing paid fertility leave and a fertility leave policy to their workforce. For employers considering doing something similar, we explain the requirements for fertility leave and points to ponder when preparing a policy. Are employers required to provide time off for fertility treatment? There is no statutory right to provide staff with time off (paid or otherwise) for fertility or related treatment ...
Sir Andrew McFarlane, President of the Family Division gave an address to the Jersey International Family Law Conference on 8 October 20211. With three years of his term remaining, he set out two areas where he intends on devoting additional time. The first is ‘transparency’ in the Family Court and the second is the resolution of Private Law disputes between parents regarding the care arrangements for their children after separating ...
Fertility is not only a ‘women’s issue’ - the impact of infertility on men can be enormous, yet regularly goes unnoticed. In light of Men’s Health Week and Father’s Day, we look at improving support for men who are experiencing fertility issues. When it comes to infertility, research and support predominantly centres around the perspectives of women ...
Recent surveys have revealed the shocking statistic that 90% of breastfeeding mothers are forced to use a toilet or are not provided with a suitable space to express their breastmilk at work. We look at what employers can do to rectify this issue in order to offer the appropriate level of support to new mums. Returning to work following maternity leave can be a daunting prospect, particularly if this is the first time that an employee has been apart from their baby for long periods of time ...
Here we go again! Consistent with its retaliation decisions over the past five years, the United States Supreme Court has revisited and expanded the scope of protection from retaliation under Title VII. In an 8-0 decision issued January 24, 2011, the high court expanded the scope of Title VII’s anti-retaliation provision by concluding that in certain situations, the statute allows an employee who has not personally engaged in protected activity to lodge a retaliation claim under the statute ...
The Supreme Court of the United States announced three cases will be argued next term that could determine whether Title VII protects LGBT employees from workplace discrimination. Title VII prohibits discrimination because of “race, color, religion, sex, or national origin,” but it does not explicitly mention sexual orientation or gender identity ...
On Jan. 13, 2022, the Supreme Court of the United States lifted the injunction on the Centers for Medicare and Medicaid (CMS) vaccine mandate (Mandate).[1] Previously, injunctions were imposed by district courts in Missouri and Louisiana, and affirmed on appeal by the Eighth and Fifth Circuits, respectively, thereby prohibiting enforcement of the Mandate in 24 states ...
Earlier this year, the U.S. Supreme Court issued its long-awaited decision in Epic Systems Corp. v. Lewis, resolving an issue on which several Courts of Appeals and various federal agencies and administrations had disagreed. At issue in Epic Systems (and two companion cases presenting the same issue: Ernst & Young LLP. v. Morris and National Labor Relations Board v. Murphy Oil USA, Inc ...
In its second major False Claims Act decision in as many weeks, the Supreme Court sided with the Department of Justice in U.S. ex rel. Polansky v. Executive Health Resources, Inc., holding that the government may move to dismiss actions over the objections of the relator (whistleblower) even in cases where the government initially declined to intervene ...
On March 5, 2014, the US Supreme Court rendered a 7-2 decision reinstating a $185 million arbitration award in favor of the BG Group against Argentina under the UK-Argentina bilateral investment treaty (BIT). The Supreme Court held that the Court of Appeals for the DC Circuit erred in deciding de novo, and without deference to the tribunal’s award, the issue of the arbitrators’ jurisdiction ...
On Jan. 13, 2022, the United States Supreme Court issued an order blocking enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring (among other things) employers of 100 or more employees to require employees to be vaccinated against COVID-19 or ensure unvaccinated employees are tested for COVID-19 weekly ...
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