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In late September, my colleague, Brian Ellixson, published a post concerning the start of a power swing, from France’s historically employee-friendly labor regime to a somewhat more employer-friendly system. Indeed, although French employment law still largely favors employees over employers, we are already seeing the beginnings of a potential sea change in the French labor market, both in the context of employer’s reliance on the new labor reforms and the resulting prospects of large-scale growth in the labor market.

Tags: France

Yesterday, IG Metall, Germany’s largest metal union, entered into an agreement with employers in the state of Baden-Württemberg that allows for a 28-hour work week for its members.  The two-year deal covers 900,000 employees in the metals and electrical industries in the southwestern state that is home to such prominent employers as Daimler AG and Robert Bosch GmbH.

Tags: Germany

New Zealand’s Prime Minister Jacinda Ardern and partner Clark Gayford are expecting their first child in June 2018, just shy of the July 1 effective date of a new law extending the period of paid parental leave from 18 to 22 weeks. The Parental Leave and Employment Protection Amendment Bill, passed on November 30, 2017 extends the period of paid parental leave from 18 to 26 weeks by July 1, 2020. The government’s expressed aim is to support working families, reduce financial stress, and to allow for more bonding time for care givers who are not in a position to take any unpaid leave.

When a US company decides to hire an employee in another country the question of whether to send the applicant an offer letter inevitably arises. Sending an offer letter prior to the final contract is normal practice in the US.  But this is not the case in other jurisdictions, and for good reason. 

The International Employers Forum welcomed Anna Cozzi, Esquire, from Daverio & Florio law firm, to join a panel of international lawyers, including my colleague William Wright, to speak about changes in employment law around the world.  Fisher Phillips thanks Anna for kindly accepting our invitation to answer a few questions about the new smart working arrangements in Italy for the Cross Border Blog.

Last month, Ontario passed the Fair Workplaces, Better Jobs Act, 2017 (the “Act”).  The Act was passed in response to the Changing Workplaces Review’s conclusion that there is a “need for reform of employment standards and labor relation legislation . . . to provide protection to vulnerable workers and those in precarious work situations.”  The Act aims to satisfy that need with the following immediate changes to Ontario law:

Tags: Canada

The Supreme Court just permitted the president’s latest travel ban – dubbed Travel Ban 3.0 – to be fully implemented while the litigation regarding the policy proceeds through the federal appellate court system. The Court’s December 4 ruling is the latest twist in the saga that currently impacts the residents of six predominantly Muslim countries.

Mexican workers earning at the minimum wage level will enjoy a 10% pay increase effective December 2017. The minimum wage in Mexico will rise from approximately 80.04 pesos (4.28 USD) to 88.36 pesos (4.73 USD) per day

Fisher Phillips attorneys had the pleasure and privilege of presenting with Colleen Cleary, Esquire, a solicitor from Ireland, at an International Employers Forum event in Washington D.C. She kindly accepted our invitation to answer some of our questions about the practical application of the Protected Disclosures Act 2014 (the “Act”) in Ireland over the past four years. The Act provides a statutory framework within which workers from all sectors may raise concerns about potential wrongdoing in the workplace (“whistleblowing”) with the knowledge that there are legal protections upon which they may rely if they are penalized by their employer or suffer another form of detriment as a consequence of speaking out. 

Uber drivers in the UK are “workers” entitled to earn at least the national minimum wage and enjoy other statutory benefits and protections an Employment Appeals Tribunal (“EAT”) held on November 9, upholding the decision of the Employment Tribunal (“ET”) in the case of Uber B.V. & Ors v. Islam & Ors UKEAT/0056/17/DA. The ramifications of this decision are huge: Uber’s costs will increase significantly to cover drivers’ pay and benefits and Uber will have to revise its contracts, and the tens of thousands of Uber drivers will enjoy workers’ rights and protections previously unavailable to them. This decision sends a cautionary message to any enterprise with a similar business model to Uber with self-employed workforces. These businesses would be well advised to re-examine their relationship with all persons classified as independent self-employed contractors.

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