Labor Code

News & Analysis as of

July 2015 Independent Contractor Compliance and Misclassification News Update

This July was another month where independent contractor compliance and misclassification was a topic that made front page news. Hillary Clinton placed independent contractor misclassification in the national spotlight when...more

Texas Bill Protects Franchisors From Joint Employment Liability

Texas legislators recently passed S.B. 652, which seeks to protect franchisors from employment liability for the actions of franchisees. Enacted in June 2015, S.B. 652 amends the Texas Labor Code to specify that a franchisor...more

New Texas Law: Is it Enough to Ease Concern Over Franchise Liability for Employment-Related Claims?

In response to concerns of franchisors that recent National Labor Relations Board (NLRB) actions threaten to undermine the common understanding of a franchisor-franchisee relationship, the Texas Labor Code was amended by the...more

Amendment to the Polish Labor Code - changes to fixed-term contracts

The last version of a bill concerning amendment to the Labor Code has just been accepted by the Parliament. The new regulation shall enter into force 6 months after its adoption, i.e., probably in the first quarter of next...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Employment Law in Colombia: Part III

This article is the third in a series which provides an overview of the basics of employment law in Colombia and will focus on laws governing employment terminations, including just cause reasons for terminating the...more

Updates to California's Paid Sick Leave Law

California Governor Jerry Brown has signed a bill intended to cure some of the ambiguities in the state’s new paid sick leave law that have been a headache for employers. The Healthy Workplaces, Healthy Families Act of 2014...more

Guide To Doing Business in New Zealand: Regulation of Foreign Investment (Updated)

REGULATION OF FOREIGN INVESTMENT - One of the first matters a foreign company or investor must consider when planning to invest in New Zealand is the impact of New Zealand’s foreign investment policy. REGULATION...more

Guide to Doing Business in New Zealand: Company Law (Updated)

COMPANY LAW - Some general matters relating to company law in New Zealand are discussed below. REGULATORY SCHEME - The Companies Act principally regulates companies. The Companies Act, together...more

Whistleblowing: An Employer’s Guide To Global Compliance

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

Forget Employee Handbooks. How About an Update to Employment Laws?

So, employers are probably tired of hearing me say that there’s always something to update in your employee handbook. But if employers can do it, why can’t the legislature get its act together and clean up our existing...more

New Amendment to the Federal Labor Law in Mexico Raises Minimum Age for Employment

On June 12, 2015, a new amendment to the Federal Labor Law (FLL) was published in the Official Gazette, increasing the minimum age for employment from 14- to 15-years-old. This amendment is consistent with the...more

Uber Suffers Another Independent Contractor Misclassification Setback in California

Uber has not fared well in court battles recently. After losing an unemployment case last month in Florida, it has now just lost an independent contractor misclassification wage case in California. This loss in California...more

Weather Events Create Difficult HR Issues

In the last month, Houston employers have faced catastrophic rains, flooding, and now a tropical storm. We thought it would be a good time to dust off the Firm’s HR Guide for Hurricane and Disaster Preparation, which can be...more

California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus...more

Texas Don’t Hold ‘Em: Forum Selection Clause Is Unenforceable

California courts generally favor forum selection clauses entered into freely by parties and where enforcement is not unreasonable. This general principle is true even if the forum selection clause is “mandatory” and requires...more

Court Issues Cautionary Edict to Users of Misclassified Workers

On June 1, 2015, the California Court of Appeal (Second Appellate District) in Noe v. Superior Court of Los Angeles (Levy) (Case No. B259570) extended the scope of liability under California Labor Code section 226.8....more

FCPA Compliance and Ethics Report-Episode 167-Mara Senn on the Top 10 Practices in a Cross-Border Investigation [Video]

In this episode I visit with noted white collar practitioner Mara Senn who discusses her top 10 best practices when conducting cross-border investigations. ...more

Employment Law in Colombia: Part II

This article is the second in a series which provides an overview of employment law in Colombia and will focus on laws prohibiting discrimination and harassment in the workplace and remedies available to employees for...more

Court Does Procedural/Substantive Two-Step in Lozano

On May 13, 2015, the Court of Appeal, Second Appellate District, opined in Cynthia Lozano v. WCAB (B258000) that a 2009 amendment to Labor Code section 3212.1 may be applied retroactively to an injurious exposure which...more

The Latest from Germany: More holidays for older employees – necessary protection or discrimination?

Since 2006, when the General Equal Treatment Act came into force in Germany, most decisions about discrimination have dealt with alleged discrimination based on age. Is this surprising? Probably not. According to the Federal...more

California Legislative Update

The end of the first week of June is the deadline for California bills to pass out of their house of origin. The following are significant bills affecting private-sector employers in the Golden State that have advanced to...more

Employment Law in Colombia: Part I

Columbia, a country located in the Northwest portion of South America, with a population of approximately 46 million, has started to overcome its reputation for drug trafficking and violent crime and has transitioned to a...more

Saudi Arabia Update April 2015

New labor courts will start operating in October 2016. Responsibility over the Labor Courts will soon be transferred from the Ministry of Justice to the Ministry of Labor in Muharram 1438H., corresponding to October...more

Dentons Budapest Legal Alert: Act prohibiting retail work on Sundays

As you have probably heard in the news, the new Act CII of 2014 on the prohibition of work on Sundays in the retail sector entered into force on March 15, 2015. It is less known that Act I of 2012 on the Labor Code has been...more

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