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Cross Border Employer Blog

Posts from November 2017.

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.

Fisher Phillips’ International Employment Practice Group routinely counsels employers that are planning to move into the Canadian employment market (or have done so already without the requisite due diligence).  In these situations, we often find that even seasoned US HR Professionals are taken aback by the stark differences between the employment law regimes in the US and Canada.  Accordingly, in this blog series, we will address at a high level some of the basic differences that employers should be aware of before hiring employees in Canada.

Fisher & Phillips LLP attorneys are not only well equipped to assist employers in developing or updating safety and health management programs for employees working domestically, but can also assist employers who are sending employees to work abroad –something that is becoming the norm rather than the exception for United States employers. 

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