Meet the Co-chairs - TAGLAW
Mitchell Silberberg & Knupp LLP
Ryan, Swanson & Cleveland, PLLC
LK Shields Solicitors
Employment and Labor Law
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.
Contact: Yesim Tokgoz
Labor Law is a branch that is developed by jurisprudence rather than through codes and communiqués. Many notions of this branch have been formed through Court of Cassation decisions, and these notions are common in practice. One of these notions is white collar – blue collar employee distinction. Even though this distinction exists neither in the Labor Code, nor in any other code or communiqué, Turkish Law adopted this distinction, as is the case with all legal systems around the World, and Labor Code’s provisions are adapted to this distinction through jurisprudence. Another notion formed through Court of Cassation decisions in Labor Law is the equity reduction made in favor of the employer, and is related to overtime work. This article will shed light on white collar workers’ entitlement to overtime payment and equity reduction on overtime work payments.
The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive.