Employment and Labor Law

French lawmakers have adopted new obligations to be observed by companies, and in particular:

  • law no. 2016-1691 dated 9 December 2016, relating to transparency, combatting corruption and the modernisation of economic life (the so-called “Sapin II Law”). This law was supplemented by decree no. 2017-564 dated 19 April 2017.
  • law no. 2017-399 dated 27 March 2017 relating to the duty of vigilance of parent companies and subcontracting companies.

The principal obligations arising from these laws are described below.

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Written by Anthony Amendola and Justine Lazarus

Since April 1, 2016, California employers subject to the Fair Employment and Housing Act (“FEHA”) have been required to comply with a number of amendments to the FEHA regulations that were adopted by the California Fair Employment and Housing Council (“FEHC”). FEHA imposes an affirmative duty on employers to “take all reasonable steps to prevent discrimination and harassment from occurring.” To effectuate that duty, the amended FEHA regulations expressly require employers to develop a written harassment, discrimination and retaliation prevention policy. More detailed information regarding the 2016 FEHC amendments may be found here.

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Author: Diana Kusumasari 

As mandated in Government Regulation No. 78 of 2015 regarding Wages (“GR 78/2015”), the Minister of Manpower and Transmigration sought to further enhance social justice, productivity and income security through mandatory implementation of wage structure and scale of wages by all businesses operating in the Indonesian territory.

In light of the foregoing, Minister of Manpower and Transmigration Regulation No. 1 of 2017 regarding Structure and Scale of Wages (“Regulation 1/2017”) was enacted and enforced on 21 March 2017. Regulation 1/2017 replaced and revoked Minister of Manpower and Transmigration Decree No. 49/MEN/IV/2004 of 2004 regarding Regulation on Structure and Scale of Wages.

Read more: Mandatory Implementation of Structure and Scale of Wages in Indonesia

Written By Anthony Amendola and Justine Lazarus

In Mendoza v. Nordstrom, Inc., the California Supreme Court answered some unsettled questions regarding the state’s day of rest statutes. In short, these provisions of the California Labor Code provide that employees are entitled to at least one day’s rest out of seven. Specifically, section 551 of the Labor Code states that “[e]very person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.” Section 552 states that “[n]o employer of labor shall cause his employees to work more than six days in seven.” Section 556 provides an exception to sections 551 and 552, stating that they “shall not apply to any employer or employee when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof.”

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Employment partner and HR extraordinaire Helen Beech writes for online publication We Are The City this week, discussing the Gender Pay Gap Information Regulation (Equality Act 2010)

Currently, only large corporations with 250+ employees are required to provide disclosure on their gender pay gap data, however Helen thinks that SMEs still have a big role to play in tackling the gap.

Read the full article here