Tag Archives: employment

ILN Today Post

CHANGES TO FURLOUGH SCHEME IN COMING MONTHS

In our previous newsletters we have discussed the furlough scheme (or the Coronavirus Job Retention Scheme). We are now entering the last three months of the scheme, in which there will be further changes to how it operates. From the 1st July, employers have been able to place employees on ‘flexible furlough’ where they return to work part time and are furloughed on the remainder of their usual working days. Read more…

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U.S. DOL Announces Proposed New Rule On Tip Credits And Pooling

Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements involving employers that operate in the hospitality industry.  Today, the U.S. Department of Labor (“DOL”) published proposed rulemaking that aims to bring greater clarity to the morass of tip-related legislation, as well as previous agency rules and interpretations.  I describe below some of the notable elements of these proposed rules.

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WA Governor Signs Salary History Ban – Effective 7/28/19

As we wrote last month, the state of Washington passed legislation barring most inquiries into salary history by employers, as well as requiring employers to divulge salary bands for posted jobs.  On May 9, 2019, the governor of Washington, Jay Inslee, signed the bill, confirming the law statewide.  The law will take effect on July 28, 2019, and prior to that date, Washington employers should plan to amend any employment applications and hiring practices to conform to the new law.

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Washington State Poised to Enacted Salary History Ban, Require Pay Bands

In an attempt to reduce the gender wage gap, the Washington State Legislature passed HB 1696,(“the Bill”), legislation that will prevent all private employers in Washington State from inquiring into the salary history of prospective employees  or requiring that an applicant’s prior wage or salary history meet certain criteria.  Additionally, the Bill mandates that, upon an applicant’s request, an employer with 15 or more employees must provide the applicant with certain details about the pay rate or salary range for the open position.

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Employer able to recover stolen funds from employee despite settlement agreement

In a recent decision1, the Queensland Court of Appeal upheld a decision that a deed of release, drafted in general terms to release the employee from all claims arising from her employment, did not extend to conduct the employer was unaware of at the time of execution.

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Near enough can be sometimes be good enough

Investigating misconduct complaints in the workplace is never easy for any employer, but the recent decision of the Fair Work Commission in Natoli v Envision Employment Services [2018] FWC 4034 should provide some comfort: an investigation need not be perfect for an employer to be able to rely upon it in dismissing an errant employee.

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Managing ill and injured workers in the workplace: a new guide from Safe Work Australia

Work-related psychological injuries are becoming more and more prevalent in today’s workforce. It is estimated that poor psychological health and safety costs Australian organisations $6 billion per annum in lost productivity.1

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Labour Hire Licensing update

After a lengthy gestation, the Victorian Parliament finally passed the Labour Hire Licensing Act on 20 June 2018. Victoria had the benefit of observing the earlier legislation passed by South Australia and Queensland and their implementation. The new legislation benefits from this perspective to provide clearer drafting, but the final result is to further complicate the situation by moving further away from synchronisation across the States.

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Fair Work Commission can rule on competing medical opinions

Employers may be forgiven for thinking they’re entitled to make a call on conflicting medical evidence when it comes to deciding on whether an employee has the capacity to fulfil the inherent requirements of the job.

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Fair Work Ombudsman continues to crack down on underpayments in franchise networks

The Fair Work Ombudsman (FWO) has released a report1 following a national compliance audit of 25 Caltex retail stores.

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