Portugal Responds to Work from Home by Prohibiting Bosses from Texting After-Hours

On November 5, 2021, in response to a rise in work from home as a result of the COVID-19 pandemic, the Portuguese parliament passed a law that prohibits employers from contacting employees outside of work hours. Employers who violate the law’s mandate may face penalties. The law will also require employers to pay cost of increased gas and electricity bills associated with employees working from home.

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U.K. Employment Law Update: Impact of Lack of Appeal on Fairness of Redundancy Process, Dismissal for Assertion of a Statutory Right, and Dismissal of Whistleblower

Was a Redundancy Dismissal Unfair Because of Lack of Appeal?

In Gwynedd Council v (1) Barratt (2) Hughes [2021] EWCA Civ 1322, the Court of Appeal (CA) considered whether an employer’s failure to give an employee an opportunity to appeal against the decision to dismiss them for redundancy rendered the dismissal unfair.

The claimants were teachers who were dismissed for redundancy as a result of the closure of the school at which they taught. They brought a claim for unfair dismissal, arguing that the redundancy process had been unfair, in part because they were not given an opportunity to appeal their dismissal.

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Colorado Department of Labor and Employment Proposes New Language for Wage and Hour Rules

The Colorado Department of Labor and Employment (CDLE) has proposed revised language for the wage and hour rules that, if adopted, will become effective as early as January 1, 2022. Specifically, the Colorado Overtime and Minimum Pay Standards (COMPS) Order and Wage Protection Rules would become effective January 1, 2022 if adopted. The revisions to the Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving (WARNING) Rules are anticipated to be become effective in early 2022 but a definitive effective date has not been determined. The proposed changes include revisions to the COMPS Order, Wage Protection Rules and WARNING Rules as well as the addition of new rules such as the 2022 Publication and Yearly Calculation of Adjusted Labor Compensation (PAY CALC) Order and the Agricultural Labor Conditions Rules (effective May 1, 2022 if adopted). Below is a summary of notable proposed revisions to the existing rules.

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Delayed Gratification: Starting June 2022, Illinois Health Care Right of Conscience Act Does Not Apply to COVID-19 Measures or Requirements

Beginning in June 2022, the Illinois Health Care Right of Conscience Act will not apply to COVID-19 measures or requirements. The Illinois legislature’s thoughts behind the amendment to the law is that employers will be able to more easily enforce COVID-related rules and policies.

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California Appellate Court Rules Stray Remarks Enough to Defeat Summary Judgment In Age Discrimination Case

A California Court of Appeal recently held that stray remarks by a non-decision maker regarding a position not sought after by the plaintiff may nonetheless be enough to defeat summary judgment in an age discrimination case in Jorgensen v. Loyola Marymount University.

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U.K. Immigration: New Scale-Up Visa to Launch in Spring 2022

The United Kingdom will begin a new Scale-Up Visa route beginning in the spring of 2022. The goal of the new visa route is to attract top talent to the United Kingdom. The visa will be open to those who can pass a language test and have a high-skilled job offer from a scale-up company.

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