Industrial Action

News & Analysis as of

Migratory Bird Treaty Act: Question Of Unintentional “Take” Primed For Potential Fifth Circuit En Banc Or Supreme Court Review

Recently, industry won a major legal victory regarding liability—or lack thereof—for unintentional and indirect bird deaths under the Migratory Bird Treaty Act (MBTA). Unfortunately, that victory could be short lived,...more

The legality of employee strike action

Welcome to Reed Smith’s Monthly Global Employment Law blog post. This month’s post covers the legality of employee strikes in five key jurisdictions: France, Germany, Hong Kong, the UK and the United States. France...more

The future of industrial action

Nicholas Jew, a Partner in our Birmingham office comments: 10 July 2014 may well be remembered as marking a potentially seismic shift in the UK Government’s approach to industrial action. On this day, an estimated one million...more

Australia: Accommodation is not a 'payment' - the Mammoet Case

We have now had just over a week to consider the effect of the Mammoet Case (CFMEU v Mammoet [2013] HCA 36). In the Mammoet Case, the High Court unanimously allowed an appeal from a decision of the Federal Court of...more

Australia: Industrial Action - Best Practice Guide

OVERVIEW - The FW Act contains a central distinction between “protected” industrial action (that is, lawful action) and “unprotected” industrial action (unlawful action). However, a designated “bargaining period”...more

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