1 January 2010 marks the date on which many of the amendments
contained in the Fair Work Act 2009 commence. Employers can no
longer afford to sit back and passively watch the industrial
relations landscape transform. The changes about to take effect are
those that will impact upon the day-to-day running of almost every
business and accordingly, employers must plan and implement the
necessary changes for their business.
The commencement of the National Employment Standards (NES) and
Modern Awards will result in many practical outcomes for which
employers need to be well prepared. In this newsletter, we alert
you to some of the main areas in which thorough planning should be
occurring now.
1....
Specific Questions relating to this article should be addressed directly to the author.
The Georgia legislature has approved a proposed constitutional amendment to give effect to House Bill 173 (the "Georgia Restrictive Covenant Act"), which would dramatically change the law in Georgia with regard to the enforceability of restrictive covenants in employment agreements.
In January 2010, the Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against the law firm Kelley Drye and Warren LLP, claiming that its alleged mandatory retirement of partners at age 70 violates the Age Discrimination in Employment Act ("ADEA").
The Equality Act 2010 ('the Act') consolidates anti-discrimination legislation into one document. Its purpose is to 'rationalise' and 'strengthen' existing equality legislation which it aims to do by creating 9 "protected characteristics":
More often than not, our courts have trouble keeping pace with advances in science and technology. The dilemmas presented by medical marijuana may be a situation where science and technology have been unable to keep up with the law and the courts.
The U.S. Department of Health and Human Services (HHS) recently issued proposed HITECH regulations that strengthen and clarify the privacy and security protection obligations with respect to protected health information and expand the requirements that apply to business associates.
As the Summer vacation period draws to a close, a number of students will be knocking on the door of employers, looking for an internship: a chance to gain experience of working life before undertaking further study or committing to a full-time career.
As Dr. Seuss once famously wrote (Marvin K. Mooney, Will You Please Go Now), "THE TIME HAS COME, THE TIME IS NOW". Good faith efforts to bargain with Chapter 9 of the Bankruptcy Code in the foreground must begin now if we want to emerge from this financial crisis.
On July 20, 2010, the Minnesota Court of Appeals issued a decision that clarifies the standard for determining whether certain workers are properly classified as employees or independent contractors.
