U.K. Employment Law Update: Worker Status, Non-Compete Restrictions and COVID-19 Dismissal

Clarification on Worker Status

In Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229, the Court of Appeal (CoA) considered whether an obligation on the part of a worker to perform a minimum amount of work was a prerequisite for worker status.

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Minnesota Frontline Worker Pay Program Application Period Opens

In April 2022, Minnesota Gov. Tim Walz signed Frontline Worker Payments into law to aid Minnesotans who worked in one of 15 frontline sectors identified in the legislation. The public purpose of the law is to “provide payments to frontline workers whose work put them at risk of contracting COVID-19 during the peacetime emergency declared by the governor in Executive Order 20-01.” After the bill was signed into law, the Minnesota Department of Labor and Industry (DOLI) was tasked with developing an application process and guidance for employers and employees to facilitate the frontline worker pay program. DOLI opened the application period for the program on June 8, 2022, announcing the period will remain open through July 22, 2022.

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Summary of Cal/OSHA’s Revised COVID-19 ETS Adopted on April 21, 2022

On April 21, 2022, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to readopt its COVID-19 prevention emergency temporary standards (ETS) incorporating changes Cal/OSHA posted in preparation of its business meeting on April 21, 2022. If approved by the Office of Administrative Law (which is expected), the revised ETS will become effective upon filing by the Office of Administrative Law with the Secretary of State. This is the third readoption of the ETS, which was authorized by Gov. Gavin Newsom’s Executive Order and will be in place until December 31, 2022.

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NYC Releases Fact Sheet on Salary Transparency Requirements in Job, Transfer and Promotion Advertisements – While the City Council Debates Delaying Enactment of the New Law

Employers face new challenges in navigating state and local pay equity laws. New York City joins a number of other jurisdictions that now require employers to disclose pay ranges when advertising job postings – including for incumbents as well as new hires. This law is set to take effect on May 15, 2022 (unless delayed by pending legislation discussed below). The New York City Commission on Human Rights (the “NYCCHR”) recently published a fact sheet providing guidance with regard to Local Law 32 of 2022 (the “NYC Law”). The NYC Law requires all covered employers to include a minimum and a maximum salary in any advertisement for a job, promotion, or transfer opportunity.

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Living With COVID-19: What Is Changing in England and What Does It Mean for Employers?

On 21 February 2022, the U.K. government announced its “Living with COVID-19’” plan. This month’s U.K. Employment Law Update outlines the key changes in England and what it means for employers.

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Statement of Changes March 2022 – A Corporate Immigration Perspective

The UK government released a “Statement of Changes to the Immigration Rules” on March 15, 2022. The government believes these changes to be an important part of their post-COVID “Plan for Growth.” The changes are also being implemented with the intention of simplifying the UK immigration system. Further simplified rules will be published later this year, with the government intending to consolidate the Immigration Rules in 2023. The changes will take effect on various dates starting on April 6, 2022.

For the full alert, visit the Faegre Drinker website.

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