News & Analysis as of

Holiday Pay

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages...

by Littler on

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that...more

2017 California Labor and Employment Legislative Update: What to Watch

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Back from Spring Break, and Back to Work: Our List of L&E Bills to Watch in the remainder of the 2017-2018 California Legislative Session. ...more

Employment Law Briefing

by McGuireWoods LLP on

We reported in our Employment Law Briefing 2016 Winter Edition that data from the Office for National Statistics showed that the gender pay gap was at its lowest since records began, but on average, women still earn around 19...more

A growing gig economy

by Dentons on

In Boxer v. Excel Group Services Ltd ET/3200365/2016, Mr Boxer brought a successful claim against Excel Group Services Ltd (Excel) for one week’s holiday pay. Mr Boxer had been a cycle courier for Excel since September 2013....more

Holiday: to roll over, or not to roll over – that is the question

by Dentons on

The issue of holiday pay has been back in the ECJ, with the Court considering the case of King v The Sash Window Workshop Ltd and another. In that case, the issue had arisen as to whether Mr King, a worker who had been...more

Rules to Avoid Bursting Your Floating Holiday Bubble

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Some California employers offer floating holidays for employees to use for events like the upcoming St. Patrick’s Day holiday. Floating holidays, while offering additional unrestricted days off that promote...more

Holiday pay includes commission (still)

by Dentons on

Given the high numbers of potential holiday pay claims that British Gas has waiting in the wings it is unsurprising that following its loss at the Court of Appeal British Gas tried to appeal the decision to the Supreme Court....more

Penalty rates in Hospitality and Retail modern awards cut

by DLA Piper on

Summary - In a landmark ruling, the Fair Work Commission Full Bench has reduced Sunday penalty rates in the hospitality, retail, fast food and pharmacy sectors and reduced public holiday penalties in those sectors and,...more

Worker status – Pimlico Plumbers case

by Dentons on

Pimlico Plumbers engaged Mr Smith as a plumber for around five and a half years. Four months after he suffered a heart attack, Pimlico brought the engagement to an end. Mr Smith issued proceedings in the employment tribunal...more

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...more

CitySprint courier delivered employee status by employment tribunal

by Dentons on

In another case focusing on the gig economy, the London Central Employment Tribunal has ruled that a CitySprint bike courier was a worker under the Employment Rights Act 1996. In Dewhurst v CitySprint UK Ltd, the...more

Holiday Blues for Massachusetts and Rhode Island Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: When Christmas and New Year’s Day fall on a Sunday, as they do this year, the holidays are legally observed on the following Monday in Massachusetts and Rhode Island. Employers in these states therefore...more

Spreading Good Cheer: What Employers Should Know About Holiday Pay For Nonexempt Employees

December ushers in the hustle and bustle of the holiday season. From office parties to school holiday pageants to gatherings with family and friends, employers and employees have many holiday activities on their minds....more

May your Days be Merry and Blue Laws Compliant

by Goulston & Storrs PC on

‘Tis the season to eat turkey, drink pumpkin-flavored lattes, and, of course, shop. With Black Friday and the holiday season just around the corner, it is important for retailers to remember that Massachusetts has specific...more

Employment Matters – UK - October 2016

Results - Based Commission Should Be Included in Statutory Holiday Pay - The Court of Appeal has upheld the Employment Appeal Tribunal’s decision in Lock v British Gas. Under the Working Time Regulations, workers have...more

Stuck in Cape Town Again

by Sherman & Howard L.L.C. on

By creatively patching together scheduled days off, vacation days, and personal holidays, and then switching a shift, the plaintiff put together 21 days off. Unfortunately, he was still scheduled for one shift right in the...more

Court of Appeal Decision in Lock: Holiday Pay Should Include Commission

by Faegre Baker Daniels on

The Court of Appeal has given its much anticipated decision in British Gas Trading Ltd v Lock A2/2016/1163. Confirming the earlier decision of the Employment Appeal Tribunal, the Court of Appeal has held that U.K. law should...more

Holiday pay update

by Dentons on

In February this year, we reported to you via our Hub, that in Lock v. British Gas the EAT had held that holiday pay must include commission payments. The EAT applied the European Court of Justice's (ECJ) ruling on this issue...more

UK Employment Law Round-up, Volume 1, Issue 10 – October 2016

by Dentons on

In this issue we look at recent case law decisions which have provided a useful reminder of the position when dealing with contracts tainted by illegality and taking prior disciplinary warnings into account. We also bring you...more

Be Aware Belgium - September 2016

by DLA Piper on

Under the principle of proportionality, can a serious cause be dismissed considering that the sanction resulting from the serious cause is unreasonable? In a judgment dated 6 June 2016 (S.15.0067. F/1, available through...more

Holiday pay includes commission (unsurprisingly)

by Dentons on

The eagerly-awaited Court of Appeal decision in British Gas v Lock has now been handed down. The hope for this decision was twofold: that it would clarify whether or not holiday pay should take into account commission...more

UK Employment Law Round Up - September 2016, Volume 1, Issue 9

by Dentons on

In this issue, we look at whether a job applicant can gain protection under the Framework and Equal Treatment Directives if the purpose of the application is to gain the status of someone who can make a claim to gain...more

Resource for Companies Evaluating Compliance with New Overtime Laws

by Snell & Wilmer on

Many companies are in the process of completing internal audits to prepare for the new salary and overtime rules that go into effect on December 1, 2016. While the changes do not impact the duties-portion of FLSA exemptions,...more

Brexit Update: UK Employment Law Implications

by McDermott Will & Emery on

In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that...more

Brexit: What Does it Mean for Employers in the U.K.?

We set out below our best guess on where this leaves employees, management and HR in the UK. Firstly as we have all heard repeatedly today, nothing is going to change immediately and that is the same for employment law. ...more

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