Employment and Labor Law

Head of the top ranked employment team, Leanne McKeown, together with associates Tara Cubbon and Jessica McManus are the authors of the inaugural IOM chapter in this internationally renowned publication.

The International Comparative Legal Guide series provides current and practical comparative legal information on a range of practice areas.  The guides follow a question and answer format to ensure thorough coverage of each topic within different legal systems worldwide.  The ICLG series provides a practical insight for general counsel, government agencies and private practice lawyers keeping them abreast of law and policy globally.

Read more: DQ's Employment team contribute IOM chapter to ICLG Employment and Labour Law 2017

Author: Xavier García Sabate; Bufete Escura (Barcelona, Spain)

Companies do not have the right to unlimitedly control their employees' emails, since, although they can control the internal email, they must first notify the worker concerned and they must have a specific reason to do so.

That is what the European Court of Human Rights, based in Strasbourg, established in its judgment September 4th, 2017, which is not subjected to appeal and establishes jurisprudence for all the member countries of the European Union.

Read more: European Justice Condemns Companies Who Spy on the Emails of Workers Without Prior Notice

Contact: Steve Runyan

Are you thinking about adopting a company-wide social media policy? Be careful what you prohibit. A client recently asked if the company could prohibit employees from discussing the company on social media. The client wanted to avoid negative publicity from disgruntled employees and thought a change to the employment manual would be helpful. The First Amendment guarantees freedom of speech, but only prevents government restrictions on speech, it does not relate to private actions. Consequently, clients often think that they are free to limit employees’ speech. But the National Labor Relations Board (“NLRB”) has held that restrictions that “chill” speech are unlawful (and actionable). Therefore, an employer must be careful when crafting restrictions to avoid unlawful restrictions.

Read more: Pitfalls of Social Media Policies in the Workplace

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.

Read the entire article. 

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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