News & Analysis as of

Employee Transfers

Peoria’s Green Chevrolet to Pay $65,000 to Settle EEOC Discrimination Suit

Black Employee with Disability Involuntarily Transferred and Fired for Opposing It, Federal Agency Charged - CHICAGO - A Peoria, Ill., Chevrolet dealership will pay $65,000 and furnish other relief to settle a disability...more

Law à la Mode: The future of retail; Green fashion; E-commerce in China; Brexit update: trademarks and design; and more (UK) Issue...

by DLA Piper on

Management, a Belgian national and expert on retail management and customer experience for fashion, department stores and home improvement retailing. He tells us about the changes he has seen in the retail sector over the...more

Labor and Employment Group News: Job Transfer Not Retaliation

by Murtha Cullina on

On December 30, 2016, a Hearing Officer with the Massachusetts Commission Against Discrimination (MCAD) dismissed the Complainant’s retaliation case, finding that the Complainant had failed to establish a causal connection...more

UK Immigration Rule Changes

by Dentons on

The Government announced the following changes on 3 November 2016. Tier 2 - The following changes will affect all certificates of sponsorship assigned by Tier 2 sponsors on or after 24 November 2016...more

Was lange währt, wird endlich gut? Bundestag beschließt mit erneuten (!) Änderungen AÜG -Reform

by Latham & Watkins LLP on

Einleitung - Der Bundestag beschloss am 21.10.2016 den Entwurf eines Gesetzes zur Änderung des Arbeitnehmeru¨berlassungsgesetzes („AÜG“) und anderer Gesetze. Dieser Gesetzesentwurf („GE“) basiert zwar auf dem...more

New Work Permit Rules: Step forward or step back?

by Dentons on

Work Permit Rules have been under discussion for a long time, and their publication on October 6 in the electronic data base was not a surprise. However, what was a surprise is that apparently they were adopted by the Order...more

New Blanket L Form Reflects Heightened Scrutiny of Outsourcing Companies

In recent years the L-1 Intra-Company transfer visa program has come under scrutiny. Critics of the program, which allows a multinational company to transfer an executive, manager, or worker with “special knowledge” from a...more

Changes to Transferring Employment Contracts in France After the 8 August Law - Des transferts de contrats de travail: les apports...

by Morgan Lewis on

When a service provider in a market changes, employment contracts may be transferred from the previous to the new owner to avoid dismissing employees who work at the site, however, whatever the legal vehicle by which the...more

How Enforceable Are Mobility Clauses in French Employment Contracts? More Than You Might Imagine!

It seems that the Cour de Cassation (France’s equivalent to the Supreme Court of the United States) occasionally throws employers a bone when determining their rights to make management decisions regarding their workforces....more

Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

Carrie: I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment. It’s a bit daunting, but I am confident that the help you have provided me in...more

Resource for Doing Business in the U.S. – Installment #7 – Labor & Employment

by Garvey Schubert Barer on

In our latest installment of our Resource for Doing Business in the U.S., we focus on key laws an investor in the U.S. needs to know when employing personnel in the U.S. These laws apply whether the personnel are transferred...more

S.D.N.Y. Dismisses SOX and Dodd-Frank Whistleblower Claims For Lack Of Protected Activity

On June 22, 2016, Judge Daniels of the Southern District of New York dismissed SOX and Dodd-Frank whistleblower claims, ruling that Plaintiff’s alleged internal complaints did not constitute protected activity, as they did...more

New USCIS Policy Decision Broadens Permissible Bases for Visa Transfer of Multinational Managers

by Foley & Lardner LLP on

After four years of internal deliberations, U.S. Citizenship & Immigration Services (USCIS) recently issued a policy memorandum binding all USCIS personnel to follow the reasoning of a 2013 USCIS Administrative Appeals Office...more

Canadian Employment News Series: Duty to accommodate may include transferring employee to another workplace

by DLA Piper on

In a recent decision, Emond v. Treasury Board (Parole Board of Canada), the Public Service Labour Relations and Employment Board concluded that an employer’s duty to accommodate may include transferring an employee with a...more

Innocents Abroad: Sending Employees Into Harm’s Way – A Word About Offer Letters

Although I’ve been writing offer and assignment letters for more than 15 years, I’m curious as to what are today’s best practices for preparing these documents as our company extends its global reach. Specifically, what are...more

Germany Adopts EU’s Pension Directive, and May Place Burdens on Employers’ Use of Temporary Workers

Pension Law - On December 18, 2015, the German legislature approved a law that adopted the pension provisions of the EU Mobility Directive. The Directive was passed to enhance worker mobility between EU countries by...more

After Co-Worker Washes Feet With Vinegar In Cubicle and Makes Threatening Statement, Employee Entitled to Transfer to Different...

by Dentons on

A Quality and Service Manager working for the Parole Board of Canada is entitled to work in an entirely different building from a co-worker – identified only as “Mr. X” – because she suffered from stress caused by Mr. X’s...more

German Employment Law Update: Higher Labour Court Düsseldorf Finds Belated Right to Object to Employment Transfer

by McDermott Will & Emery on

The Higher Labour Court in Düsseldorf ruled on October 14, 2015, that even after the statutory one-month objection period in Section 613a(6) of the German Civil Code has expired, employees may object to the transfer of their...more

Thoughts for U.S. Employers Sending Employees Overseas

by Dorsey & Whitney LLP on

“At will” employment is a US thing: First step is to recognise that “at will” employment is not generally recognised outside the US. Employees working overseas will almost always have an employment contract (whether or not...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: UK

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Where there is a business transfer or a service provision change (outsourcing or insourcing or a change of provider) which is within the scope...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: UAE

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Except in cases where there is a complete transfer of ownership of a company, there is no automatic transfer of employees and their rights when...more

A New Challenge to Anti-Nepotism Rules Based on Marital Status Discrimination

In a newly filed lawsuit that has garnered some publicity, a Shelton high school teacher is suing the Shelton Public Schools over the imposition of an anti-nepotism rule which she claims constitutes marital status...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Turkey

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? When an undertaking/business is transferred to a new entity all existing employment contracts are automatically transferred to the new entity....more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Switzerland

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? When an employer transfers their business or part of the business to a third party transferee, all rights and obligations arising out of the...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Spain

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? According to Spanish Law, in the event of a transfer of undertaking the new employer shall subrogate in the transferor´s rights and...more

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