Last week, three potential transformational changes to U.S. labor and employment law were announced. The Federal Trade Commission (“FTC”) banned almost all non-compete agreements, the U.S. Department of Labor (“DOL”) significantly increased the minimum salary threshold for overtime exemptions for white-collar employees, and New York State became the first state to offer paid leave for
Employment Notes
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UK: statutory code on dismissal and re-engagement to change terms of employment expected to come into force 18 July 2024
Update 24 April 2024: the statutory ‘fire and re-hire’ Code is now expected to be brought into force on 18 July 2024, as this is the date that a draft order adding protective awards to the list of claims for which a 25% adjustment to compensation can be made for breach (see below) will come…
Australia: Is this the end for non-compete and non-solicit provisions in employment agreements? Public consultation begins on proposed reform
By Shivchand Jhinku and Michael Absell
Could non-compete, non-solicit and non-disclosure provisions in employment contracts soon be a thing of the past?
Further to our previous update on this topic, the Hon. Dr Andrew Leigh MP, Assistant Minister for Competition, Charities and Treasury, and Assistant Minister for Employment, has officially launched a public consultation…
Asia Employment, Pensions and Incentives Update: March 2024
Our e-bulletin this month begins with a look at a recent Singapore case where the court took into account the Tripartite Guidelines on Wrongful Dismissals in finding that an employer lacked sufficient cause in dismissing a pregnant employee under section 84(1)(b) of the Employment Act. Click here to read a summary of the case.
Over…
Employment Espresso Pods: Spring Clean for your policies? UK Employment Law changes in force from 6 April
It is estimated that 55% of the UK workforce is planning on requesting flexible working hours once some significant changes to Employment Law, including to the flexible work request regime, come into effect from Saturday 6 April. Employers need to be aware of these changes, which extend to family leave rights, redundancy protection, tribunal…
Asia Employment, Pensions and Incentives Update: April 2024
Our e-bulletin this month begins with a look at a recent Singapore case where the court took into account the Tripartite Guidelines on Wrongful Dismissals in finding that an employer lacked sufficient cause in dismissing a pregnant employee under section 84(1)(b) of the Employment Act. Click here to read a summary of the case.
Over…
ASIA: FLEXIBLE WORKING ARRANGEMENTS
In today’s post-Covid world, flexible working arrangements have evolved from a temporary solution to a likely permanent fixture. Initially implemented to ensure business continuity and employee safety, these arrangements have proven beneficial in enhancing work-life balance, boosting productivity, reducing turnover, and expanding the talent pool. This article provides a comparative analysis of the legal requirements…
COMPLIANCE CHECK: PHILIPPINES: JUST CAUSES FOR TERMINATION
Philippine law sets a high standard in establishing a just cause for termination of employment. There are also due process requirements which must be complied with.
Termination of employment in the Philippines generally
As a rule, employees have security of tenure, and their employment can only be terminated by an employer for just cause or…
HONG KONG: INTERIM INJUNCTION PROHIBITED EMPLOYEE FROM DISCLOSING CONFIDENTIAL INFORMATION
The recent Court of First Instance decision in Tahoe Life Insurance Company Ltd v Cheung Wai Yi [2024] HKCFI 782 serves as a reminder that employers should take proactive steps to safeguard their confidential information when dealing with departing employees.
Background
Tahoe Life Insurance Company Limited (Employer) is an insurance company which offers a range…
PRC: LATEST CASE UPDATES AND JUDICIAL REPORTS ON WOMEN’S EMPLOYMENT RIGHTS
In celebration of International Women’s Day, classic cases and judicial reports have been released at both the national and local court levels to safeguard women’s employment rights and clarify employers’ obligations. In this update, we summarise the cases and reports.
National classic case
As highlighted in our previous update, the Law on the Protection of…