Tag Archives: employers

$7.83 million in back pay required by FWO

Significant reputational damage is not the only issue companies should be aware of in cases of erroneously underpaying staff, as discovered by MAdE Establishment (MADE) after entering into a Court-Enforceable Undertaking (EU) with the Fair Work Ombudsman (FWO) last week.[1]

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’tis the season… for a legal hangover

Employers beware, the Christmas party is nearing and we could all be in for a legal hangover in the morning!

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Massachusetts Pregnant Workers Fairness Act Takes Effect

On April 1, 2018, the Pregnant Workers Fairness Act (the Act) will become effective and impact employers in Massachusetts with six or more employees. The Act requires Massachusetts employers to provide reasonable accommodations to pregnant employees and those who are breastfeeding. The Act also prohibits employers from:

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ILN Today Post

You and your Rights – Sexual Harassment in the Commonwealth of the Bahamas

We have seen a great debate unfold in the United States over the last few months as to the rights of working women on the job. The movement is not gender specific nor is it limited to the dominant campaign which has been led by American women. The movement was started by Alyssa Milano, the “Charmed “actress. She fashioned the hash tag metoo and since, it has become a social media sensation. The purpose of the hash tag was to inform the public how pervasive the problem  of sexual harassment is .Today it is a platform for working men and women  to tell their stories of sexual violation and harassment in the workplace. Started by an actress, the # Metoo movement raises very important issues as to workplace safety and the rights of working women and men to work in a “sexual harassment free “environment. It has been characterized as a campaign which was started to expose the alleged sexual abuses of Hollywood powerful media mogul Harvey Weinstein. It has now morphed into a “heat seeking missile” exposing serial sexual abuse in the workplace. Since the Weinstein story broke the United States has witnessed an explosion of similar complaints across America. What about the Bahamas..?

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Review of the Resolution of the Supreme Court Plenum of the Russian Federation regarding employer’s obligations when employing former state (municipal) officer

On November 28, 2017 Plenum of the Supreme Court of the Russian Federation (hereinafter – the “Supreme Court”) adopted the Resolution “On some issues arising when considering administrative liability cases under article 19.29 of the Russian Administrative Offences Code (hereinafter – the “Resolution”).
The Resolution focuses at ensuring uniform application of article 19.29 of the Russian Administrative Offences Code (hereinafter – the “Administrative Code”) by courts.
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ILN Today Post

IRS Begins Issuing ACA Penalty Notices to Employers

The Internal Revenue Service (IRS) has made good on its promise to begin issuing Employer Shared Responsibility Payment (ESRP) notices to employers that have not provided adequate health insurance to their employees as required under the Patient Protection and Affordable Care Act (ACA). The ESRP notices being sent out are based on the information the IRS received from employers on their IRS Forms 1094-C and 1095-C for the 2015 tax year. Each ESRP notice includes a proposed ESRP amount for the employer to pay, an explanation for how the proposed ESRP amount was calculated, and IRS Forms 14764 (ESRP Response) and 14765 (Employee Premium Tax Credit Listing).

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ILN Today Post

Former employees must arbitrate ADEA claims on individual basis

In June 2012, General Mills announced it was terminating about 850 employees. General Mills offered them severance packages in exchange for signing release agreements. By the agreements’ terms, employees released General Mills from all claims relating to their terminations—including, specifically, ADEA claims. The agreements also stated that claims covered by the agreements would be individually arbitrated:

[I]n the event there is any dispute or claim arising out of or relating to the above release of claims, including, without limitation, any dispute about the validity or enforceability of the release or the assertion of any claim covered by the release, all such disputes or claims will be resolved exclusively through a final and binding arbitration on an individual basis and not in any form of class, collective, or representative proceeding.
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Employee Handbooks – Should You Maintain One?

EMPLOYMENT LAW ESSENTIALS

E. Jason Tremblay

E. Jason Tremblay

A threshold issue facing many companies is whether to publish an employee handbook. The purpose of an employee handbook is to provide a company’s employees with the company’s policies and inform them of the rules that govern them throughout the stages of employment. Through an employee handbook, employers notify employees about the legal rights and obligations they both have in the employment relationship. While an employee must comply with the policies contained in an employee handbook, a handbook should not be drafted in a way so as to create an employment contract with the employee. In other words, the employee handbook, while specifically describing the rights and duties of the employee, should be drafted in a way so as to maintain the “at will” relationship between the employer and the employee.

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New legislation to criminalise corrupting benefits between employers and unions

On 22 March 2017, Prime Minister Malcolm Turnbull introduced legislation to criminalise the giving, receiving or soliciting of ‘corrupting benefits’ between employers and trade unions.

The Fair Work Amendment (Corrupting Benefits) Bill 2017 (Bill) was introduced in response to recommendations of the Final Report of the Royal Commission into Trade Union Governance and Corruption, to promote better governance of registered organisations.

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ILN Today Post

Latvia: New law encouraging volunteer workers

A new law regulating unpaid volunteer work has recently been adopted in Latvia. The law as originally drafted envisaged that only non-profit entities would be allowed to organize volunteer work, ie:

1. Non-profit associations and foundations (including trade unions).

2. State and municipal institutions (and political parties).

It has now been proposed that social enterprises (for-profit businesses with a social or environmental mission) be added to the list of organisations that are permitted to employ volunteers. The change is expected to come into force on 1 January 2018. Social enterprises should bear in mind that they will not be permitted to rely solely on volunteers – at least one member of staff must receive a salary.

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