Employment and Labor Law


Author: Scott J. Wenner

On Monday, June 4, the United States Supreme Court (“Court”) announced its decision in the highly publicized Masterpiece Cakeshop case. Employers and business owners were among many closely watching this case, hoping for insight on how to handle complicated situations involving competing rights of business owners, customers and/or employees, where charges of discrimination could result regardless of the employer’s or owner’s response. The Court’s decision in this case did not create any new law to guide businesses, but it does further highlight the need for employers to create processes to recognize and effectively manage the risks that arise when religious beliefs and expression intersect with antidiscrimination rights and protections.

Read more: No Clear Answers for Employers: Colorado Baker Who Refused to Create Wedding Cake for Same Sex...


Author: Vicky Schollar

The World Cup kicked off on Thursday - and employers may find themselves managing competing requests for time off or transfers to another shift, as well as a spike in unauthorised absences. Vicky Schollar offers some tactically astute HR advice.
While employees are not automatically entitled to time off to watch World Cup games, employers should try to agree requests for leave, perhaps by temporarily relaxing rules on how many staff can be off at once, or using a rota or first-come, first-served system. Any requests, of course, need to be balanced against the needs of the business.

To help prevent complaints of race and/or sex discrimination, employers should ensure that requests are dealt with consistently and fairly. English and male employees should not be given preference over requests from female staff or employees of other nationalities.

Read more: How to handle World Cup HR issues


Author: Melisa Sevinc

Pursuant to Industrial Property Law No. 6769 ("IPL"), employee means persons and public servants who dependently provide services to another person under a private law agreement or a similar legal relation, and under the obligation to perform services with respect to particular work designated by the employer. The IPL and the Regulation on Inventions of Employees, Inventions Realized in Higher Education Institutions and in Publicly Supported Projects published in the Official Gazette dated 29.09.2017 and numbered 30195 ("Regulation")i foresees certain rights and obligations for the employees and the employers in the event of realization of an invention by the employee.

Read the entire article.


Author: Jenna R. Seavers

With the imminent legalization of marijuana, some employers worry their workplace cultures, safety in particular, will go to pot. Before the legalization takes effect, it is important employers get all the facts about the law and learn how they can create policies that will help maintain a safe workplace.

The legalization of marijuana is expected to take effect as early as July 1, 2018. Once legalization takes effect, adults will be permitted to purchase, possess, distribute and even grow marijuana (to a certain extent).

Under the new regime, the federal government will oversee the production and manufacturing components of marijuana legalization, while the provinces and territories will be responsible for further regulations and restrictions, such as increasing the minimum age, lowering possession limits or restricting places in which consumption is acceptable.

Read more: Weed in the workplace: What employers need to know to prevent their workplaces from going to pot


Contents:

  • Pushing unfair dismissal to the outer-limits: Is Saeid Khayam v Navitas a game changer?
  • It’s now more difficult to be protected: The High Court’s latest ruling on protected industrial action, bargaining-related orders and unlawful coercion
  • Unauthorised employee absences: Full Bench abandons automatic termination
  • Driving to independence: Fair Work Commission finds ride-share drivers are not employees
  • Hands off: Internal investigation documents and freedom of information
  • Notice of termination and ordinary and customary turnover of labour
  • Out of hours conduct: Employee dismissed for explicit private Facebook message
  • Commission clarifies law on constructive dismissals

Read more: Australian Employment Law Update