Many employers maintain rules in their employee handbooks or personnel policies governing how investigations of possible employee misconduct will be handled. Such rules often include admonishments to employees about maintaining the confidentiality of the investigation and, therefore, they implicate Section 7 of the National Labor Relations Act and protected concerted activity. Indeed, in Banner Health, […]
Supreme Court Rules ERISA Plan Language Trumps Equitable Defenses to Plan’s Reimbursement Claim
The U.S. Supreme Court has ruled that an ERISA health plan provision permitting the plan to seek reimbursement from a plan participant overrides such equitable defenses as unjust enrichment. US Airways, Inc. v. McCutchen, No. 11-1285 (U.S. Apr. 16, 2013). The Court held that the terms of the plan document are at the “center of […]
New Form I-9 Employment Eligibility Verification Required Beginning May 7
Starting May 7, 2013, employers may use only the new Employment Eligibility Verification Form I-9 (with a revision date of “03/08/13 N”) to comply with their employment eligibility verification responsibilities. The new Form was published by U.S. Immigration and Customs Enforcement on March 8, 2013, and had been authorized for use, along with the previous […]
Understanding Executive Order 13495. Nondisplacement of Qualified Workers Under Service Contracts
Click here to view the webinar On December 21, 2012 the FAR Council issued its final rule implementing Executive Order 13495, “Nondisplacement of Qualified Workers Under Service Contracts,” with an effective date of January 18, 2013. The FAR Council’s final rule came sixteen months after the U.S. Department of Labor issued its final rule on […]
The “Unconscionable” Release – When is an Employee’s Signature Not Enough?
Even when an employee is offered a termination package and signs a release, the Court may find that a release is unconscionable or grossly unfair and set it aside. That is precisely what happened in Rubin v. Home Depot Canada Inc., 2012 ONSC 2053.
L&E Global Update France
Linked you will find a document that covers the following topics: French unions and businesses reached an agreement with significant impact on country’s labor laws More protection for employees Access to supplementary heath care coverage Increase in social security & welfare charges paid by employers for short-term contracts Staff representatives’ information on prospects & strategic […]
The Contract of Employment
On Wednesday 13 June, 2012, Shana Schreier-Joffe, CEO and Senior Team Leader, Harmers Workplace Lawyers presented “The Contract of Employment” to a small group of senior legal and HR executives. In this session, Shana covered the importance of the contract of employment and focused on the creation of the employment contract, the terms of the […]
Workplace Issues and their Investigation
On Thursday 19 April, 2012, Shana Schreier-Joffe, CEO and Senior Team Leader and Jenny Inness, Senior Associate and Team Leader of Harmers Workplace Lawyers delivered a training presentation to senior management, legal and HR professionals entitled “Workplace issues and their investigation” at the Swissotel, Sydney. In this session, Shana and Jenny considered the role of […]
Employment Law at a glance
In delivering the best service to our client we are happy to share our expertise and know how. In this section you will find regularly updated news alerts, publications and templates. Should you require more information on a certain topic please contact L&E Global at stephan.swinkels@leglobal.org. L&E Global offers a concise description of employment laws […]
Employment Law at a glance
In order to be informed about the current development with respect to the new French Employment Law Reform, read the latest memo here. In delivering the best service to our client we are happy to share our expertise and know how. In this section you will find regularly updated news alerts, publications and templates. Should you […]