International Labor and Employment Law
Daniel Ornstein

Daniel Ornstein

Partner

Dan Ornstein leads our London Labor and Employment Law Team and is a co-head of our International Labor & Employment Group. Dan is a go-to advisor for clients who rely on his sophisticated advice, especially where the stakes are high. Dan is recognized by numerous legal directories, with Chambers UK, describing him as "incredibly analytical," "incredibly intelligent and an excellent sounding board" and someone who "displays both empathy and an assured knowledge of the best way to treat cases." The most recent Legal 500 UK recognized him as "a favourite for funds and private equity clients" and "an extremely thorough and well-seasoned lawyer, who is hard to beat." He is also included in Who's Who Legal: Management Labour and Employment 2016.

Dan’s expertise covers the full range of UK and International employment issues. His specialism is working closely and collaboratively with clients in delicate and complex situations where he applies his judgment, experience and strategic acumen to deliver optimal results

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UK Court of Appeal Allows Asda Supermarket Employees’ Equal Pay Claims to Proceed

Earlier this year, the UK Court of Appeal held that a class of 30,000 female Asda retail employees could compare themselves to male employees working in Asda’s distribution warehouses for purposes of their equal pay lawsuit. The Court’s analysis and decision has broad implications for gender pay litigation in the UK. Background The Court of … Continue Reading

EU Agrees to Set the Floor for Whistleblower Protection Across All Member States

According to a press release issued by the European Commission today, the European Parliament and the Member States have agreed to adopt new rules that set the standard for protecting individuals who blow the whistle on breaches of EU law from dismissal, demotion, and other forms of retaliation. This reform, which was first proposed by … Continue Reading

Chinese government forbids employers from asking about childbearing or marital status

On January 15, 2019, we posted an article about the effect of the #MeToo era on China’s efforts to draft its first Civil Code enshrining the country’s civil laws (https://www.internationallaborlaw.com/2019/01/15/china-responds-to-metoo-employers-stay-alert/). While China is not expected to adopt the Code until at least 2020, the Chinese government is beginning to take steps now to address gender … Continue Reading

2019 Brings Minimum Wage Increases Across the European Union

The New Year has brought an increase in minimum wages across the majority of European Union member countries. While most of these changes have been minimal, France and Spain, in particular, announced considerable increases to their respective minimum wages at the end of 2018. From the beginning of his tenure in May 2017, French President … Continue Reading

Recent UK Ruling Highlights Risks of “Independent Contractor” Status

In most jurisdictions, there is a binary distinction between “independent contractors” and “employees,” with employment rights only afforded to “employees.” In the UK, there is a third class—“worker” —who benefit from certain employment rights, including paid time off and a minimum wage. The case of Addison Lee Ltd. v. Lange and Others provides important guidelines … Continue Reading

More Countries Consider Implementing a “Right to Disconnect”

As we move into 2019, it is worth checking in on the “right to disconnect,” a French employment right that now has been adopted or proposed in multiple other countries. Basis of the Right We live in a hyper-connected world, and more and more companies now provide laptops and cell phones with the expectation that … Continue Reading

Germany Rings in 2019 by Adopting Intersex Gender Status

As of January 1, 2019, intersex Germans, meaning Germans with sex characteristics not fitting neatly within the standard understanding of males and females, will be able to register their gender as “divers,” which translates to “miscellaneous.” This new gender classification will be included on such documents as birth certificates, passports, and driver’s licenses. Since 2013, Germany has permitted … Continue Reading

China Responds to #MeToo; Employers Stay Alert

China has begun work on the first draft of its Civil Code, a legislative measure aimed at reconciling and organizing the country’s extensive civil laws. The Chinese Civil Code (“Code”) is expected to be fully drafted and adopted in 2020. Although the Code has been under development for some time, it now finds itself in … Continue Reading

Korean National Assembly Addresses Workplace Bullying and Harassment through Two New Measures

On December 27, 2018 the Korean National Assembly addressed workplace bullying and harassment in partial amendments to the Labor Standards Act (the “LSA”) and the Industrial Accident Compensation Insurance Act. LSA, Article 6-2, “Prohibition of Workplace Harassment” This amendment to the LSA serves two main purposes: (1) creating new employer obligations; and (2) providing a … Continue Reading

European Union Issues Landmark Employment Discrimination Ruling

On December 4, 2018, the European Court of Justice (“ECJ”) issued an important decision on age discrimination in relation to the age requirements for new recruits to the Irish police force. Facts This case relates to the applications made by three Irish citizens to join the Irish national police. Their applications were refused because of … Continue Reading

Japan’s Labor Reform Caps Overtime in a Bid to Curb Karoshi

From low productivity to the death of citizens by overwork, Japan’s labor practices have long maintained a complicated relationship with the country’s workforce. The problem of death by overwork is so prevalent the Japanese have created a word for it: karoshi. On June 29, 2018, Japan passed the “Work Style Reform Law” (the Law) to … Continue Reading

UK Decision Puts Employers on Notice for Vicarious Liability at Work-Related Events

With the holiday party season just around the corner, tragic events in the United Kingdom present a worst-case scenario for reveling workers and for employers who may find themselves held responsible. Bellman v. Northhampton Recruitment Ltd. extends the bounds of employer vicarious liability where an employee is injured at a company-related social event. But, the … Continue Reading

Countries Implement New Gender Pay Gap Measures

This past year, multiple countries enacted new laws aimed at reducing gender pay disparity. Although it has long been illegal in many countries to pay women less than men, a noticeable gender pay gap has persisted. The laws described below demonstrate that countries are now attempting bolder and more innovative strategies toward reaching true pay … Continue Reading

The Top Ten Things You Should Know About UK Employment Law

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

UK Employment Tribunal Rules that Individuals Working in the “Gig Economy” are Entitled to Paid Leave

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

UK Gender Pay Gap Reporting

We wrote about the Draft Gender Pay Gap Regulations in the April 2016 edition of A Month in UK Employment Law. In December 2016, the UK Government published a revised version of these Regulations which are expected to come into force on 6 April 2017. As a reminder, the Regulations require private sector employers in … Continue Reading

UK Tribunal Allows Expatriate to Bring Claims in the UK

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

Record fine handed to TalkTalk in data protection breach in the UK

As previously reported on our Privacy Blog, TalkTalk, a major UK telecoms company, has been fined  a record breaking £400,000 for a data breach after they were hacked.  This fine, given by the ICO (the UK’s data protection authority), followed an in-depth investigation into an attack by hackers on TalkTalk’s systems where hackers obtained the details … Continue Reading

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

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

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

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

German Labor Court Allows Review of Employee’s Browsing History

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

Trade Secrets Directive

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
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