Employment and Labor Law


Author: Erica Parks

September 30, 2018, was the cut-off for Governor Brown to sign or veto bills passed by the California legislature this year. So it’s not surprising that that the summer months saw a flurry of employment legislation across Governor Brown’s desk.

Most significantly, the Governor vetoed AB 3080, which, as we alerted you last month, would have effectively banned non-disclosure agreements and arbitration agreements with respect to certain harassment and discrimination claims.

Nevertheless, the Governor signed into law this summer a record number of bills, many of which further regulate the workplace. Rounded up below are the most notable new employment bills signed into law, which will take effect on January 1, 2019, unless otherwise specified below:

California Legislature Amends FEHA and Expressly Affirms and Rejects Harassment Case Law

Read more: New California Employment Laws


Author: Yesim Tokgoz

In Turkey, although labor law is known as the law that protects employees, all it requests from the employers is to keep their records in line with legislation and jurisprudence, adhere to their legal obligations, and demonstrate such actions through documentation. However, it is true that some actions are difficult to prove. Within this scope, maybe one of the hardest responsibilities to prove is employers' protection obligations towards their employees, arising from occupational health and safety matters. In this article, we will shed light on the provision of occupational health and safety obligations of employers, and their legal obligations and criminal repercussions in light of the decisions of the Court of Cassation1.

Read more: Employers' Liabilities Arisen from the Occupational Health and Safety in Light of the Decisions...


Authors: Emily Haar, Senior Associate & Professor Andrew Stewart, Consultant

The Fair Work Ombudsman has recently commenced proceedings against food delivery application “Foodora” in the Federal Court of Australia alleging that the “gig-economy” platform has engaged in sham contracting. Emily Haar, Senior Associate, and Professor Andrew Stewart, Consultant, consider the implications such a finding could have.

Read more: Food delivery service “gig economy” operators under the industrial spotlight


Author: Ben Motro, Special Counsel

The recent decision of the Fair Work Commission in Blagojevic v AGL Macquarie Pty Ltd; Mitchell Seears [2018] FWC 2906 has shed further light on what constitutes “reasonable management action” in the context of performance management under section 789FD of the Fair Work Act 2009 (Cth).

Read more: Do Performance Improvement Plans constitute ‘Reasonable Management Action’?


Author: Tim Lange, Partner

Whistle-blower protection laws applying to internal (and some external) disclosures are on the cards. The amendments will bring a new and aggressive protection regime into the Corporations Act 2001, replacing the relatively limited scheme that currently exists. Unlike the current scheme, which has not had a significant impact, the new scheme will significantly alter the landscape in favour of claimants arguing that they have been victimised or exposed as a result of having made a legitimate disclosure of misconduct or breaches of the law. The amendments are contained in a bill currently before the Australian parliament and expected to be passed with bipartisan support, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017.

Read more: Incoming private-sector whistleblower protection laws – Preparing for the new rules