August 25, 2015
Federal Labor Court, decision dated February 10, 2015 – 9 AZR 455/13 Facts of the case The employee was employed since more than 20 years. The employer terminated the employment with immediate effect and additionally gave statutory notice of termination under due respect of the applicable notice period in case ... Read More »
by: Buse Heberer Fromm
August 11, 2015
If considerable absence from work is expected in the future, an employee has a negative health prognosis. Termination due to illness then comes into consideration. The Federal Labor Court (Bundesarbeitsgericht – BAG) anticipates that the implementation of occupational integration management (betriebliche Eingliederungsmanagement – bEM) is suggested and advertised prior to ... Read More »
by: Buse Heberer Fromm
August 10, 2015
No source for the right to strike can be found in Dutch legislation. It is based on the European Social Charter (ESC) from 1961, a treaty by the Council of Europe (of which 47 European countries are a member). The Netherlands ratified the ESC in 1980. The ESC contains safeguards ... Read More »
July 27, 2015
Now that the U.S. Supreme Court has issued its highly anticipated ruling that states must legally recognize same-sex marriages, what specific impacts will it have on the employment relationship and employee benefits? In its June 26 decision in Obergefell v. Hodges, the Supreme Court held that the Fourteenth Amendment requires ... Read More »
July 24, 2015
Under Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) has an obligation to investigate charges of discrimination or retaliation in the workplace. If the EEOC finds “reasonable cause” to believe that discrimination or retaliation has occurred, Title VII requires the agency to “endeavor ... Read More »
July 22, 2015
Chances are that you have seen multiple news stories, social media posts and pictures of Bruce Jenner’s gender transition to Caitlyn Jenner. Regardless of everyone’s personal thoughts and opinions on the matter, now is the perfect time to address issues regarding transgender employees in the workplace. Below is information that ... Read More »
July 1, 2015
“Stop.” “Don’t do that.” “Leave me alone.” In a recent decision, the U.S. Court of Appeals for the Sixth Circuit held that when an employee makes statements like these to a supervisor in response to the supervisor’s sexually harassing conduct, the employee has engaged in protected activity under Title VII ... Read More »
June 22, 2015
My company doesn’t have a union so the National Labor Relations Act (NLRA) and the decisions of the National Labor Relations Board (NLRB) don’t apply to me… right? Wrong. In the Spring 2015 issue of BGD Magazine, firm attorneys William J. Kishman and Aleksandr “Sasha” Litvinov discussed what several recent ... Read More »
June 19, 2015
The agreements made in a contract of employment concluded under German law are reviewed by the courts for their appropriateness; frequently, linguistic nuances can determine whether individual clauses are effective. What delimits an employment relationship and what factors must be borne in mind? A contract of employment does not have ... Read More »
June 8, 2015
Act no. V of 2015 brought about the creation of the Counselling Profession Act which regulates all matters relating to the counseling profession. This Act entered into force on the 1st May 2015 by order of the Minister responsible for the Family and Social Solidarity under L.N. 151/2015. The Act ... Read More »
by: EMD Advocates
June 3, 2015
Last week’s decision by the Fourth Circuit in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir., May 7, 2015) now means that in the Fourth Circuit, a single instance of harassment may create an actionable hostile work environment claim, and that an employee can be protected from retaliation when complaining ... Read More »
May 21, 2015
Title VII prohibits discrimination against applicants for employment on the basis of their religion. Accordingly, during the hiring process, an employer generally shouldn’t inquire into an applicant’s religious denomination or practices, including asking questions about the religious holidays she observes. Title VII also requires employers to reasonably accommodate employees’ and ... Read More »
May 13, 2015
How much proof is enough to avoid liability/litigation? This question haunts many employers who may be frustrated by employees skipping work or abusing leaves of absence. In a recent case, an employer had a videotape of an employee tending to his side business on a day he had reported he ... Read More »
May 11, 2015
The Americans with Disabilities Act (ADA, ADAAA) and Rehabilitation Act, which incorporates most of the ADA standards, prohibit discriminating against employees based on their disabilities. Indeed, with the ADAAA amendment, recent court decisions have broadened the scope of what is considered a disability, as well as what steps an employer must take ... Read More »
May 8, 2015
Unlike the Netherlands, as well as the ordinary courts, Germany also has special employment tribunals (Arbeitsgericht) to resolve labour disputes between employees and employers. The advantage of these tribunals is that the claimant does not have to pay any advance towards court costs and the losing party does not have ... Read More »
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