What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment team published the Top Ten Things to Know About the UK Employment Law Landscape in 2017. In this briefing,… Continue Reading
An Employment Tribunal in the United Kingdom ruled that a bicycle courier for CitySprint, a delivery firm, was a worker rather than self-employed and therefore entitled to paid leave. This is the most recent decision in a string of UK cases dealing with the “gig economy,” namely, repeated short-term work such as ride-sharing or courier… Continue Reading
The High Court ruled on December 1, 2016 that Northampton Recruitment Limited was not liable when a manager punched an employee twice in the head after a Christmas party. While the Company was not held liable, the case is a cautionary tale for companies during the holiday season.
In Jeffrey v. The British Council 2016, the Employment Appeal Tribunal (“EAT”) ruled that an employee who had an “exceptional degree of connection” with the United Kingdom could bring claims in the UK even though he had been working outside of the UK for over 20 years. This provides an important exception to the general… Continue Reading
On May 31, 2016, the Advocate General (“AG”) of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a headscarf at work. In the case, Samira Achbita v. G4S Secure Solutions NV, Case C-157/15, the AG stated that a neutral policy prohibiting employees from wearing visible religious… Continue Reading
On 23 June 2016 the people of Britain voted in favour of leaving the European Union – the so-called “Brexit.” The result has created uncertainty and speculation as to the implications of Brexit and what happens next.
Employee’s Privacy Rights European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for their private and family life, and our blog has actively tracked developments on the subject (to review prior rulings, see here, here,… Continue Reading
European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized that employers have the right to monitor their employees’ internet communications in order to ensure productivity during work. (To review… Continue Reading
The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European Parliament has now approved the Trade Secrets Directive. This Directive aims to provide a minimum, uniform level of protection in… Continue Reading
Last month, we blogged about the much discussed ECHR Barbulescu opinion. (To review the implications of the case, please click here.) As a follow up, we wanted to provide further insights to multi-national employers about how this European decision compares to the position in the United States. Purple Communications, Inc.: the United States’ approach to… Continue Reading
Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal email and social media accounts. The decision has attracted considerable publicity. Many headlines have implied that it gives employers carte blanche… Continue Reading
A brief rundown of developments in recent weeks in the area of EU data protection law: EU Data Protection Regulation On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of the justice ministers from each of the EU member states) reached an agreement on a draft data protection regulation, marking… Continue Reading
The US-EU Safe Harbor has been back in the news recently as Germany’s data protection commissioners met at the end of January and expressed impatience at the delay in implementing what many view as necessary reforms to the program. The European Court of Justice also recently heard a challenge to Facebook’s reliance on the Safe… Continue Reading
According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward), if the contract sets out which law applies, the law chosen by the parties regulates the employment relationship except if it has for… Continue Reading
Webinar – Wednesday, October 16, 2013 Program: Proskauer’s Lloyd Chinn will be a panelist at The American Bar Association’s webinar “International Laws Governing Cross Border Discovery, Privilege, Confidentiality and Data Privacy”. Lloyd and his panel will focus on the significant challenges posed by discovery sought from outside the United States, given the limited scope of… Continue Reading
Social media around the world continues to evolve and so does the International Labour Group at Proskauer. For a second year in a row, Proskauer and its global partners have conducted a survey of multinational businesses to find out about how they are dealing with use of this new media in the workplace. Our second… Continue Reading
Around the world, the issue of bullying, mobbing and harassment at work is one which is attracting more and more attention, both in the media and through legal developments which are increasingly protective towards employees. The growing worldwide prominence of this issue means it is more important than ever for multinational businesses to have global… Continue Reading
For the first article of this blog, the Proskauer International Labor Group has decided to focus on this tricky question since we know that our friends and clients having an international presence face various issues when it comes to try to comply with all different local regulations about data privacy.
SEMINAR – Tuesday, December 6, 2011 Program: Bullying, harassment and stress in the workplace is becoming increasingly prevalent. Employers must be ever-more vigilant to prevent unwanted conduct that damages morale, increases staff turnover and exposes businesses to liability. During this panel session we compared the U.S. and European positions, looking at: The legal framework in… Continue Reading
The French Supreme Court recently rendered a widely publicized decision which restates strict rules that employers must comply with to avoid the payment of overtime to employees whose work hours cannot be predetermined. Following this decision, French-based companies will have to check carefully that the working hours of management- level employees comply with the obligation… Continue Reading
SURVEY – July 2011 The business world continues to witness the ongoing and rapid proliferation in the use of social media at work. This, in turn, has left companies (as well as the courts) grappling to figure out how or whether rules regarding workplace confidentiality, loyalty, privacy and monitoring apply to these new forums. Proskauer’s… Continue Reading
Proskauer’s International Labor and Employment Group participated to the National Foreign Trade Council conference held in New York on July 15, 2011, at the Annual International Human Resources Management Forum: International Employment Litigation Issues Daniel Ornstein, Partner, London Betsy Plevan, Partner, New York Yasmine Tarasewicz, Partner, Paris SEMINAR: International Employment Litigation Issues
Proskauer’s International Labor and Employment Group participated to the National Foreign Trade Council conference held in New York on July 14, 2011, at the Annual International Human Resources Management Forum: Data Privacy Issues in Cross-Border Employment Cécile Martin, Special International Labor & Employment Counsel, Paris Jeffrey D. Neuburger, Partner, New York SEMINAR: International Data Privacy… Continue Reading
In Europe, the validity of post-employment noncompete covenants is generally viewed with great suspicion by the courts and legislatures. Thus, in France, Spain and Germany, an employee’s agreement not to compete with a former employer is often rejected as an infringement of the principle of freedom of occupation. Similarly, in the United Kingdom, the noncompete… Continue Reading