Suche 
Like toothpaste squeezed from the tube, corporate goodwill, trade secrets and confidential business information are virtually impossible to recover once stolen by a former employee. To secure your business’s prized assets, restrictive covenants limiting the post-termination activities of former employees are an effective tool in the corporate arsenal. These agreements are generally enforceable in the United States, provided they are supported by adequate consideration, narrowly…
While the upcoming U.S. Presidential election and on-going Congressional gridlock make it unlikely any new federal employment laws will be enacted in the U.S. in 2016, employers can expect federal agencies to continue their efforts to implement the Obama Administration’s agenda through rule-making and increased compliance activity. Additionally, states undoubtedly will continue to enact legislation to fill in what many perceive as gaps in laws…
On November 12 2015, the Luxembourg Court of Appeal ruled on the legitimacy of a dismissal with notice for excessive personal internet use during working hours (Court of Appeal, November 12 2015, Role 41245). We provide a brief summary of the ruling’s salient points. Facts The employer accused the employee of playing online games for half of her working hours over the course of one…
While it is quite common for employers to grant a ’13th month‘ payment in Luxembourg, whether such payments could be owed by the employer due to ‚common practice‘ was unclear until a recent Court of Appeal ruling. We lay out the general guidelines defined in that ruling below. Which guidelines did the Labour Court of Appeal apply? In a recent case, the Labour Court of…
On March 24, 2016, the U.S. Department of Labor (DOL) issued the final version of its „persuader rule,“ which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any arrangement to persuade employees directly or indirectly concerning the right to organize or bargain collectively. These reports must be filed electronically and, once filed, become publicly available records. Almost five years after…
The Swedish Work Environment Authority has issued new provisions governing the organizational and social work environment. The provisions apply to all activities where employees perform work on behalf of an employer. The purpose of the provisions is to promote a good work environment and prevent risk of ill health due to organizational and social conditions in the work environment. The provisions stipulate, among other things,…
On December 30, 2015, the Ministry of Employment and Labor (MOEL) issued a discussion draft of guidance on two highly controversial current issues in Korean employment law. The discussion draft contains two topics: (a) a discussion draft for “Performance-Based HR Management Guidebook”, which addresses termination of employees for poor performance, among other human-resources management issues; and (b) a discussion draft for “Guidelines on Amending Work…
Members of global HR and employment law alliance Ius Laboris discuss extremism in the workplace and take a look at the legislation in Argentina, Brazil, Chile and Mexico seeking to combat it. Brazil has a multicultural and multi religious population after many different waves of immigration. Europeans and slaved Africans came first, followed by Asians and Arabic people and more recently by South and Central…
In principle, journey time (home – work and back) is not working time, in particular since the employee does not start work until he reaches the workplace, and the employer has no control of where the employee lives, which the latter chooses himself. However, a European Court of Justice („Court of Justice“) judgement has recently made an exception to the principle that journey time is…
Multinational employers with smaller sites in France quite often are surprised to hear that, during international restructurings, the requirements of French law may cause them to rethink their timeline, strategy and/or general approach when implementing measures that affect their French entity. We describe one such special requirement which has the potential to make restructurings grind to a halt. Requirement to search for a purchaser in…