The Ninth Circuit Court of Appeal has ruled that even if an employment contract requires all disputes to be resolved by arbitration, the question of whether arbitration provisions are “unconscionable” is a matter for the courts. Our International Litigation & Arbitration lawyers report.
The Australian government says it will make it easier for individuals to transfer medical records between health service providers and for providers to share patient information when it is within necessary for treatment. Sydney partner Ann-Marie Allgrove reports.
Companies with third country and expatriate workers in or going to India need to address a number of key items in order to maintain compliance with the new guidelines issued by the Indian Ministry of Home Affairs. Our lawyer Liz Stern summarizes these in a legal alert.
Banks can be sued for negligence and liable for damages if hackers are able to access online client accounts because the banks failed to use “multi-factor” identification systems, a US federal judge has ruled. Chicago partner Brian Hengesbaugh reports.
Employers considering dismissals need to ensure they can prove union membership was not the reason, follow disciplinary protocols and be careful what they say. As our Hong Kong employment partners explain, Cathay Pacific paid a high price when it discharged pilots after a labor disagreement.
Some US courts are giving the Equal Employment Opportunity Commission wide latitude to demand companywide information about policies and practices related to discrimination in the workplace. US employment partners Lou Michels and Jenni Field suggest strategies for dealing with such demands.
US group health plan sponsors need to amend business agreements with service providers, review plan participant information systems and take other steps to ensure they are in compliance with a new HIPAA law that requires them to notify participants if their “unsecured” protected health information has been breached. New York partner Pia Flanagan reports .
Singapore’s Ministry of Manpower is advising companies to take advantage of government-subsidized employee retraining programs, reinstate salaries and develop flexible wage systems. It also issued guidelines to help companies prepare for raising Singapore’s retirement age to 67. Associate principal Kelvin Poa explains.
The UK government has published a proposed “Digital Economy Bill” that would require ISPs to take steps to reduce online copyright infringement and gives the Secretary of State power to amend copyright laws to achieve the same purpose. Our London lawyers outline key provisions of the legislation.
In the tough economic climate, employees worldwide are resorting to more extreme measures to protest redundancies. As Frankfurt partner Guenther Heckelmann explains, German unions are borrowing ideas from performance art to put pressure on employers.
UK unions are required to tell employers as soon as reasonably practical if they have taken a strike vote, whether the vote passes or not. But a recent Court of Appeals decision suggests unions may have some flexibility on the scope of their disclosures, as London partners John Evason and Monica Kurnatowksa report.
In Japan, parent companies that influence working conditions in subsidiaries can be required to bargain with representatives of the subsidiaries’ employees even though they don’t employ them directly. Failure to do so can result in criminal fines and sanctions for unfair labor practices. Tokyo partner Hideo Ohta and foreign associate Georgina Stevens report.
Canada is considering using the shame of a blacklist and a two-year prohibition against hiring foreign workers for violators to encourage compliance with its foreign workers program. And as members of our Toronto employment team explain, the proposals will increase the risks and costs for employers.
The Spanish Supreme Court says trade unions are entitled to salary data about the workers they represent. But in a bow to privacy concerns, the court limited the information to standard salary scales, not each worker’s actual remuneration, Barcelona associate Silvia Escuain reports.
The US IRS has issued guidance for US citizens relinquising their citizenship and long-term green card holders who surrender their green cards, and who are subject to the "exit tax". The tax due is based on a “mark to market” valuation of unrealized gains on all assets worldwide, Zurich associate Marie-Therese Yates reports.
UK employers whose pay scales are determined (in whole or in part) by length of service should consider whether they can demonstrate that longer service correlates to better performance. A recent appellate court ruling will make it easier for employees to challenge such pay plans as discriminatory against women, our London lawyers report.
Amendments to Poland’s Telecommunications Law have increased consumer protection against service provider abuses. Warsaw partner Marek Rosinski outlines the new requirements for service providers and the additional powers given to government regulators.
If you’re thinking of using viral marketing methods to gather e-mail addresses for a promotional event, beware. A Spanish live entertainment ticketing and marketing company has been fined EUR30,000 for doing just that. Read Madrid partner Maite Diez’s report.
A proposed UK equality law would allow employers to promote workers from a protected group if they “reasonably think” the group is underrepresented, expand protection of disabled workers and allow employees to bring discrimination claims on more than one ground. London partner Sarah Gregory explains.
Employers in Spain bound by collective bargaining agreements that tie mandatory annual salary increases to the consumer price index may be allowed to rescind this year’s raises if the actual CPI turns out to be less than estimates at the beginning of the year. Madrid employment associate German Martinez reports.
Australia has overhauled its rules for long-term employment visas, adding new obligations for sponsors related to pay, travel, record-keeping, cooperation with immigration officials and more. Immigration partner Carl Hampe outlines the new obligations for employers and employees.
US employers can take steps to limit their liability under the Lilly Ledbetter Fair Pay Act, which significantly extends the statute of limitation in pay discrimination cases. That could include changing compensation systems and improving record-keeping, as Chicago Partner Doug Darch explains.
A new race discrimination law requires Hong Kong employers to justify giving expatriate employees more generous pay and benefits by proving their skills or experience is not available in Hong Kong. Hong Kong partner Jennifer Van Dale and special counsel Diana Purdy-Tsang report.
Italian law prohibits employers from reducing employee salaries even if they agree and it saves their jobs. In tough economic times, this makes it harder for companies to cut labor costs without resorting to layoffs. Milan partner Massimiliano Biolchini explains.
Termination of employees for economic reasons is difficult and rare in Japan. So companies faced with the need to reduce labor costs generally downsize by offering generous severance packages that encourage employees to voluntarily resign. Tokyo partner Hideo Ohta explains the factors to consider and risks to expect.
Chinese tax officials have started targeting multinational companies for taxes on expatriates who work in the country under secondment arrangements. If the policy sticks, it could cause a massive shift in how expatriates are assigned to Chinese subsidiaries. China partners Brendan Kelly and Andreas Lauffs report.
A new law in Chile that empowers courts to sanction employers that “arbitrarily” violate a list of fundamental employee rights will make it more difficult for employers to terminate workers for economic reasons or poor performance. Santiago associates Catarina De La Barra and Nancy Ibaceta report.
Proposed legislation would prohibit Swedish employers from gathering personal information on employees based solely on their consent, including criminal histories and insurance records. It would also preclude actions such as drug testing and locker searches unless properly justified. Stockholm partner Sten Bauer reports.
In a decision with wide implications for collective bargaining agreements, the French Supreme Court has ruled executives may not be given more vacation days than other workers solely because they are more senior. Such differences must be based on "objective reasons", explain our Paris lawyers.
Changing levels of lease incentives, specific clauses that avoid “poison pills” on expiries, and reporting energy use are some examples of the market trends, commercial practices and legal developments impacting the real estate industry in this dynamic time, explains Australian partner John Fabbro in this report.
French labor laws that allow employees to refuse work when they fear for their health or safety are not intended to apply to a flu pandemic. But employers need to take steps to protect and educate employees in order to satisfy this exemption, our Paris Employment team reports.
The Hong Kong government is asking for public input on the first major reforms to its privacy laws in more than a decade. Members of our Hong Kong Privacy and Data Protection Group outline the key changes being considered.
Thailand's Social Security Fund may unfairly discriminate against employees who hold the title "director" for local operating purposes, denying benefits that they should be able to receive. Bangkok partner Suriyong Tungsuwan lists factors such employees should ask the Fund to consider when applying for assistance under the Social Security program.
BSI British Standards has issued standards for the management of personal information to help small businesses comply with the UK Data Protection Act after BSI survey found one in five small businesses had breached the law at least once. London partner Harry Small reports.
A new Thai law requires service providers, including corporate users, to retain specific types of user traffic data to aid authorities in computer crime investigations, reports partner Dhiraphol Suwanprateep.
If your company sponsors foreign workers for visas in the US, you may want to prepare for possible unannounced visits by immigration authorities. Avoid unnecessary complications by reviewing compliance protocols and assigning personnel to host auditors. Washington partners Elizabeth Stern and Carl Hampe explain.
Civil Justice Reforms in Hong Kong are encouraging parties to use mediation and ADR, and could expose those who resist to sanctions, lawyer in our China office explain.
Contemplating business immigration to Canada? Consider setting up an immigration trust to take advantage of significant tax exemption. Toronto associate Alan Diner reports.
Responding to concerns about privacy and data protection raised by expanding use of smart chips, the European Commission has recommended a set of principles to guide users in the development and deployment of radio-frequency identification applications, report our Global Privacy lawyers.
Offering a job at higher pay to an ex-pat employee in Hong Kong could run afoul of a new race discrimination law. Hong Kong partners Jennifer Van Dale and Diana Purdy-Tsang review the ordinance, and offer practical steps employers should take to assure compliance.
In a downturn, building contractors and suppliers need to vigilantly monitor property developers for signs of financial difficulty. Sydney senior associate Tina Wyhoon lists 10 actions they could consider in Australia that may also be useful in many jurisdictions.
Asking for certain information when handling credit card purchases can expose retailers to class-action lawsuits in the US. Partner Lothar Determann reports, it pays to know the rules — and make sure your employees do, too — when handling consumer transactions.
China's 10-year plan to reshape its healthcare system will create both challenges and opportunities for many players in the healthcare industry, as Hong Kong special counsel Andrew Chiu explains.