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Employment & Immigration

12 August 2020
Marius Höfler Equal rights for employees and freelancers

Germany - Mayer Brown

The Federal Labour Court recently ruled in a dispute concerning a freelancer's information claim regarding her colleagues' salary levels. The judgment is the first fundamental decision with respect to the Transparency in Remuneration Act. Pursuant to this decision, both employees and freelancers who receive their compensation mainly from one client can make information claims regarding the salary levels of their colleagues with comparable duties.

Author: Marius Höfler
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Dániel Gera Access to employee emails – enhanced authority control

Hungary - Schoenherr

More than two years after the EU General Data Protection Regulation's entry into force, employers' access to employee email accounts still raises several questions. This has been highlighted by three recent cases in which the Hungarian Data Protection Authority imposed fines on employers in connection with their access to employee mailboxes. This article summarises the legal situation regarding professional email accounts and sets out the key takeaways from the authority's decisions.

Author: Dániel Gera
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Audrey Whyte Impact of July Stimulus Plan and Programme for Government on employers

Ireland - Lewis Silkin

This article discusses the key measures under the new government's July Stimulus Plan of which employers should be aware, plus various commitments under its Programme for Government which could have a significant impact in workplaces. The proposals – which cover wage subsidies, job creation and recovery and work-life balance and equality, among other things – clearly reflect the new economic reality in the wake of COVID-19.

Author: Audrey Whyte
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Carla Feakins Staffing solutions and supply of labour

United Kingdom - Lewis Silkin

The supply of labour is a growing area of the UK economy. As employers require more flexible staffing solutions, new business models have emerged offering a range of labour-supply options. Many businesses that have historically provided services have also expanded into the supply of labour, providing their clients with people to supplement their existing workforce. This article sets out the key obligations of businesses that supply labour and the consequences of non-compliance.

Author: Carla Feakins
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Andrew Osborne Home Office confirms COVID-19 immigration arrangements beyond 31 July 2020

United Kingdom - Lewis Silkin

In a last-minute update on 29 July 2020, the Home Office pivoted towards a return to business as usual regarding immigration policy. Some significant concessions remain available until at least 31 August 2020; however, there are a number of potential pitfalls of which employers and individuals should be aware.

Authors: Andrew Osborne, Joanna Hunt, Naomi Hanrahan-Soar, Stephen O'Flaherty
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Richard J Pearl Illinois federal court dismisses ERISA claims against 401(k) fiduciaries

USA - McDermott Will & Emery

The Employee Retirement Income Security Act (ERISA) requires plan fiduciaries to act prudently and loyally when making decisions about a plan. In a recent case, a federal district court held that the plaintiff's allegations about expensive record-keeping costs and imprudent investment options failed to give rise to an inference that the defendants had violated their ERISA obligations.

Authors: Richard J Pearl, J Christian Nemeth
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Recent updates

Patricia Barboza New rules on reduction of working hours and salaries and suspension of employment agreements

Brazil - CGM Advogados

Authors: Patricia Barboza, Poliana César, Maíra Magalhães
Matteo Schiavone ECJ on paid leave in case of unlawful dismissal and reinstatement: Italian viewpoint

Italy - Stanchi Studio Legale

Authors: Matteo Schiavone, Francesco Pedroni
César Navarro Employment-related measures to fight effects of COVID-19: regulatory update following lifting of state of emergency

Spain - CMS Albiñana & Suárez de Lezo

Authors: César Navarro, Elena Esparza, María José Ramos, Alejandro Gil
James Davies Travelling from Spain – new self-isolation rules and employment

United Kingdom - Lewis Silkin

Authors: James Davies, Helen Coombes
Brian S Cousin COVID-19 reopening plans

USA - McDermott Will & Emery

Authors: Brian S Cousin, Richard I Scharlat, Christina S Dumitrescu, Manuel Rajunov
Luke Tapp Planning for return to work and new normal

United Arab Emirates - Pinsent Masons

Authors: Luke Tapp, Ruth Stephen, Michael Chattle
Alexandra Bognár Travel restrictions are back

Hungary - Schoenherr

Author: Alexandra Bognár
Esther Soetens EU Posted Workers Directive: impact on employers posting workers to Belgium

Belgium - ALTIUS

Authors: Esther Soetens, Emma Van Caenegem