Meet the Co-chairs - TAGLAW
Mitchell Silberberg & Knupp LLP
Ryan, Swanson & Cleveland, PLLC
LK Shields Solicitors
Employment and Labor Law
Authors: Mark Brookes and Tom Pepper
When a claimant has suffered loss as a result of a person’s negligence in the course of that person’s ordinary employment, the person’s employer will usually be vicariously liable for the actions of its employee.
A recent Queensland Court of Appeal decision has indicated that in Queensland, it may still be possible for an employer to seek a contribution or indemnity from an employee whose negligent acts have exposed the employer to legal liability to a third party, if the employee’s acts amount to a breach of an implied term in their employment contract to exercise due care and skill in discharging their role.
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.
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.
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.
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.
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.