Civil Law

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 2)

In Part 2 of our series, we’ll look at who forms part of an investigation team, how location affects which laws apply to an investigation, notification and timing requirements. (Part 1 covers the definition of ‘workplace’ harassment, investigation scoping and legal privilege).

#4 – Who should be part of the investigation team?

The composition of the investigation team can significantly impact the effectiveness and credibility of the investigation.

In Australia, some states restrict who can conduct investigations. Subject to this … Read the rest

Civil Law

The Changing Labor Landscape for Healthcare Employers

In 2024, healthcare employers have faced several new challenges and developments regarding traditional labor obligations.  Unions are becoming more prominent in healthcare, including by unionizing doctors at unprecedented rates and by becoming more involved in government-funded projects.  At the same time, federal agencies are imposing significant new labor obligations on healthcare employers, regardless of whether or not they have unions representing their employees.  While the Federal Trade Commission’s non-compete rule has garnered major attention (as we discussed further here and … Read the rest

Civil Law

Artificial Intelligence (AI) Employment Discrimination Laws Proposed in Six States: What Employers Need to Know (US)

We recently wrote about Colorado’s historic law aimed at protecting, among others, employees and employment applicants from harm arising out of the use of artificial intelligence (AI) systems. Although Colorado is the first state to pass legislation addressing AI-based discrimination, similar bills have been proposed in at least six other states as well as at the federal level, with a recent Executive Order discussing a wide range of issues arising from the private-sector use of AI systems, including discrimination in … Read the rest

Civil Law

Webinar Recap! Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests

We invite you to watch our webinar, “Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests.” Our multi-disciplinary team, comprised of Michael Wexler, Robert Milligan, Kate Perrelli, Suzie Saxman, Marc Fosse, and Cary Burke, dissected the ramifications of the new FTC rule banning most non-competes with workers and provided invaluable insights into how it impacts a variety of aspects of many businesses. 

Here are the key takeaways from the webinar:

  • Labor: The FTC rule
… Read the rest
Civil Law

Attention California Employers! Soon, You Will Need to Provide Employees Five Days (or 40 Hours) of Paid Sick Leave (US)

On October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law, which expands California’s mandatory paid sick leave from three days (or twenty-four hours) to five days (or forty hours). The increased paid sick leave requirements take effect on January 1, 2024.

Background

In 2014, California enacted the Healthy Workplaces, Healthy Families Act of 2014 (“HWHFA”), providing California employees with paid sick leave. The HWHFA became effective on July 1, 2015, and has been amended … Read the rest

Civil Law

The in duplum rule does not apply to late payment interest on arrear pension fund contributions owed by participating employers

Since 2020, most retirement funds have been faced with a situation where participating employers have failed to comply with section 13A of the Pension Funds Act, 1956 (PFA), by either underpaying employer or member contributions or not paying at all. The non-payment of contributions attracts late payment interest in terms of section 13(7) of the PFA.

It is against this background that the Financial Sector Conduct Authority (FSCA) repealed Regulation 33, which governed payment of pension fund contributions and … Read the rest