The recent outbreak of the 2019 Novel Coronavirus (2019-nCoV) raises challenging issues for employers, particularly those that have multiple locations, provide a variety of services, and employ a global workforce that may travel routinely for business. For employers who have lived through prior global pandemics, now is the time to revisit preparedness protocol and re-evaluate
New Protocol For Unions In Mexico To Legitimize Collective Agreements
As of August 1, companies doing business in Mexico can anticipate that unions will move quickly to legitimize existing collective agreements under a new government-issued protocol. Among other steps, the process includes a vote by covered employees to determine whether they approve the terms of the agreement. Collective agreements must be legitimized by May 1
Outside The US, Countries Are Increasingly Recognizing An Employee Right To Disconnect
With thanks to our colleagues Lois Rodriquez (Baker McKenzie Madrid) and Nadège Dallais (Baker McKenzie Paris):
US companies expanding in Europe for the first time are often surprised to learn of the significant employee protections afforded to European employees (e.g. for example, employment at-will, for the most part, does not translate outside the US). An emerging “right to disconnect” is a new trend US multinationals should watch out for.
Spanish lawmakers recently passed a new act recognizing for the first time ever an employee’s right to digital disconnection. Under this new regulation, all companies with employees in Spain (regardless of headcount) must establish detailed internal policies regulating the right to disconnect after work hours. These policies must apply to all employees, even management and home-based workers.Continue Reading Outside The US, Countries Are Increasingly Recognizing An Employee Right To Disconnect
It’s High Time: Ontario Finally Passes Its Cannabis And Smoke-Free Legislation
Thanks to our Canadian colleagues for this alert:
Ontario’s revised regulatory framework for cannabis is now in effect. Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force on October 17, 2018, amending 18 provincial statutes including the Cannabis Act, 2017 (now the Cannabis Control Act, 2017 ) and the Smoke-Free Ontario Act, 2017 (SFOA 2017).Continue Reading It’s High Time: Ontario Finally Passes Its Cannabis And Smoke-Free Legislation
California Supreme Court Affirms Broad And Liberal Construction Of Workers’ Compensation Exclusivity Provision
This month the California Supreme Court reaffirmed that workers’ compensation laws are the exclusive remedy for an employee’s injuries. In King v. CompPartners, the Court ruled that an employee’s tort claims against a utilization review company and a doctor performing a mandatory utilization review were preempted. In so doing, the Court reminded employees that the Court construes the Workers Compensation Act (WCA) liberally and broadly, in favor of awarding workers’ compensation, not in permitting civil litigation.
Shots Fired By 5th Circuit – Prohibiting Guns in Parking Lots Could Lead to Wrongful Discharge Claims
The Fifth Circuit held Monday, August 8, 2016, that employers who prohibit workers from storing guns in locked vehicles may be subject to wrongful discharge claims. The decision was based on the Mississippi Supreme Court’s interpretation of a Mississippi statute, but Texas employers should take note—Texas has the same statute, potentially resulting in the same holding.
Continue Reading Shots Fired By 5th Circuit – Prohibiting Guns in Parking Lots Could Lead to Wrongful Discharge Claims
Pokémon Whoa – Reality Game App Creates Unprecedented Risks for Employers
Catch ’em all! Pokémon Go is a mobile game that uses “augmented” reality to create a virtual scavenger hunt. In the quest to catch ’em all, over 15 million people have downloaded the Pokémon Go game since its recent release. Employers have grappled with employees’ personal use of electronic devices during work hours since gaming