The legal definition of “workplace accidents” under French law does not normally make global headlines. However, as many of you will have read, a recent decision of the Paris Court of Appeal (CA Paris, May 27, 2019, n°16/08787) did just that. The facts in this case were more salacious than most. The employee died of … Continue Reading
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
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
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
A new law, called El Khomri law, passed on August 8th, 2016 in France providing a right to disconnect for employees. Such right is entered into force on January 1st, 2017 According to the law, it belongs to the employers and the unions to negotiate this new right to determine its modalities of application and … Continue Reading
By Coralie Roos and Jeremy M. Mittman on Posted in Terminations
Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not pre-determined by the employment contract.… Continue Reading
This article has been written in cooperation with Stibbe Amsterdam: Judica Krikke and Friederike van der Jagt In France, judges consider that the answer to this question depends on the parameters of the employee’s profile on Facebook. In a decision of April 10, 2013, the French Supreme Court ruled that when insulting comments are shared on … Continue Reading
By James E. Gregory, Karin Dulac and Peta-Anne Barrow on Posted in Remunerations
Setting the correct salary is never easy and is more an art than a science. In the current economic climate the market fluctuates according to industry, geographical location, budgetary constraints and a whole host of other market forces. To help keep you focused, here are 5 tips for setting salaries in France, the UK and … Continue Reading
SEMINAIRE – Mercredi 21 mars 2013 Le 21 mars dernier, le Bureau de Paris a organisé un séminaire ayant pour thème la diversité sur le lieu de travail, et s’intéressant plus précisément aux obligations légales en vigueur en France, au Royaume-Uni, aux Etats-Unis et en Allemagne, ainsi qu’aux bonnes pratiques recensées dans chacun de ces … Continue Reading
SEMINAR – Thursday, March 21, 2013 On March 21, the Paris office held a Seminar on Diversity in the workplace, focusing on legal obligations that are applying and best practices and lessons learned in France, the UK, US and Germany.… Continue Reading
In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or extraterritorial application of one of the whistleblowing statutes enforced by the DOL. This blog posting summarizes the ALJ’s decision and … Continue Reading
Over the past 2 years, several European countries, like Spain or the UK, have decided to simplify and lighten their labor and employment regulations to enable their companies to compete with emerging markets and to face the economic crisis. In France, the Government has opted not to unilaterally modify the law but to give the employees’ and … 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
Increasingly, companies with operations or employees in more than one country are exposed to the risk of court proceedings in a foreign jurisdiction and the unfamiliar practices and procedures arising out of overseas litigation. Naturally, a flurry of questions arises: Can we arbitrate? Must mediation be pursued? How long will the process take? Understanding the … Continue Reading
By Cecile Martin, Jeremy M. Mittman and Daniel Ornstein on Posted in Privacy
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.… Continue Reading
By Peta-Anne Barrow, James E. Gregory, Daniel Ornstein and Cecile Martin on Posted in Seminar
SEMINAR – Wednesday, March 28, 2012 Program: Assigning employees overseas is an increasingly important consideration for international businesses. In our globalized world, there is a growing perception that geography cannot operate as a barrier to placing the right talent into the right job. Indeed, for many global businesses, spending time abroad and having first-hand experience of overseas … Continue Reading
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 … Continue Reading
WEBINAR – Tuesday, June 28, 2011 Issues Covered: Facebook, Twitter, Linked-In and the rest of the new social networking media have revolutionized the ways employees communicate with each other, but have left employers struggling to figure out how or whether rules regarding workplace confidentiality, loyalty, privacy and monitoring apply to these new forums. For multinational employers, … Continue Reading
SEMINAR – Thursday, April 7, 2011 Program: As workforces become increasingly global, it is crucial for employers to be aware of the different ways that workplace disputes are resolved in different countries. Proskauer’s International Labor & Employment Group invites clients and friends to attend an overview of global workplace dispute resolution. The speakers from our … 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
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