Employment and Labor Law


The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive.

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Contact: Erica Parks

Los Angeles Mayor Eric Garcetti has signed into law the “Fair Chance Initiative,” which prohibits employers from asking applicants about their criminal histories “at any time or by any means,” including on job applications, “unless and until a conditional offer of employment has been made.” The new law, which can found here, goes into effect January 1, 2017 and will apply to employers with 10 or more employees working in the City of Los Angeles (individuals who work in the city at least two hours on average each week are counted) and city contractors. There are limited exceptions to the law, such as for positions that require employees to carry firearms and for positons working with minors. Once the new law goes into effect, Los Angeles will become the latest in a growing number of jurisdictions, including over 100 cities and counties and about 23 states, that have adopted similar “ban the box” laws, including New York City, as we alerted you last year.


Latest Amendments to the Stamp Tax Law

Pursuant to Stamp Tax Law numbered 488[1], documents prepared through writing and signing, or the marking thereof substituent to signing, to be used to evidence or define any subject, and the documents prepared electronically as electronic data are referred to as “paper” under the Law, and the parties to these papers are obliged to pay stamp tax on such papers. Stamp tax is collected either on a proportional or fixed base. Proportional stamp tax are predicated on the genre and nature of the paper that is subject to the stamp tax, while fixed stamp tax are predicated on the qualification of the papers that are subject to the stamp tax.

Read more: Turkish Employment Law: Workplace Practices & Latest Amendments to the Stamp Tax


Introduction

International Workforce Law No. 6735 (“ International Workforce Law” or “Law”) published in the Official Gazette (No. 29800) on 13 August 2016 entered into force as of the date opens new horizons for employment of foreigners in Turkey. Rightfully so, the purpose of the Law is stated to increase the foreign investments by promoting entry of qualified foreign[1] workforce into the market and strike a balance between domestic and foreign employment in the current demographics of the workforce in Turkey.

Read more: New International Workforce Law and New Horizons for Foreign Employment in Turkey


Written by Erica Parks

It has been a rough few weeks for the Department of Labor (“DOL”) in Texas federal court. Yesterday in Sherman, Texas, U.S. District Judge Amos Mazzant granted a nationwide preliminary injunction temporarily blocking the DOL’s new overtime regulations, which were scheduled to take effect on December 1, 2016. As we alerted you last month, those regulations would, among other things, nearly double the salary basis required to qualify for any of the “white collar” exemptions from federal overtime laws. Opponents of the rule have argued that it oversteps the authority granted to the DOL by Congress.

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