Employment and Labor Law
Meet the Co-chairs - TAGLAW
Mitchell Silberberg & Knupp LLP
Ryan, Swanson & Cleveland, PLLC
Employment and Labor Law
Author: Andrew Shute, Partner, Lara Radik, Senior Associate and Seone Woolf, Solicitor
In a recently published decision, the Full Bench of the Fair Work Commission has decided to reduce Sunday and Public Holiday penalty rates in modern awards covering the retail and hospitality industries by between 25 – 50%. In addition, the FWC has proposed some variations to early and late night work penalty rates under certain awards.
Under section 145B of TULRCA, it is an offence for an employer to offer employees an ‘inducement’ which, if accepted, would result in them giving up any or all of their collective bargaining rights. The case of Dunkley and others v Kostal UK Ltd serves as a costly reminder to employers of what can happen if they do.
The Data Protection Act gives individuals the right to make a Data Subject Access Request (DSAR) to find out what information an organisation holds about them. Many employers will have received DSARs from employees or ex-employees, often as a precursor to claims being brought in the courts or tribunals.
Most of us are likely to be spending Valentine’s Day at work and, although many people will be separated from their partners, those looking for love may not need to look any further than across the office or shop floor. Whilst good working relationships are important for a successful business, it is not uncommon for these relationships to stray beyond the boundaries of a professional working relationship and into the realms of romance.
Written by: Aaron Wais
Recently, there has been considerable discussion regarding the Superior Court of Pennsylvania’s ruling in Dittman v. UPMC, which affirmed a lower court’s order dismissing an employee class action against their employer over a data breach. While this was a significant victory for employers, non-Pennsylvania employers should temper their enthusiasm. As one recent federal court decision in California makes clear, the reasoning of Dittman may not extend far beyond, if at all, the borders of Pennsylvania. Moreover, regardless of their outcomes, both cases also reinforce the need for employers to maintain legally compliant, written policies for safeguarding private information and responding to data breaches.
In Dittman, a data breach resulted in the theft of the names, birth dates, social security numbers, tax information, addresses, salaries and banking information of approximately 62,000 UMPC employees and former employees. The stolen information was used to file fraudulent tax returns and steal tax refunds from certain employees.