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Employment & Benefits

09 October 2019
John DR Craig If it looks like a farm and acts like a farm... it's a farm: farm worker exemption

Canada - Fasken

Ontario's Divisional Court recently found that a farm's employees were exempt from the overtime provisions of the Employment Standards Act 2000. The court's decision is now the leading authority on the farm exemption and provides critical clarity to the farming community, which often relies on overtime work to produce agricultural products. It also provides guidance on the interpretation of employment standards legislation.

Authors: John DR Craig, Jackie VanDerMeulen, Tala Khoury
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Guy Castegnaro Court recognises employees' right to disconnect when on leave

Luxembourg - Castegnaro

As new information and communication technologies continue to be developed, employees are increasingly connected to their business phones or computers outside their working hours. As such, the line between employees' private and professional lives has become blurred. Within this context, the Luxembourg courts recently recognised, for the first time, the existence of employees' right to disconnect.

Authors: Guy Castegnaro, Ariane Claverie
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Tom McEvoy Labour Party announces plans for new Workers' Protection Agency and Ministry for Employment Rights

United Kingdom - Lewis Silkin

During the Trades Union Congress conference in early September 2019, the Labour Party announced plans for a new Workers' Protection Agency and Ministry for Employment Rights. In particular, Labour Party Leader Jeremy Corbyn promised the biggest ever extension of employment rights in the United Kingdom, designed to put power in the hands of workers. Other Labour Party proposals include expanding 'worker' status to everybody except genuinely self-employed persons.

Author: Tom McEvoy
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Brian Baggott DOL finalises updated overtime pay regulations

USA - Dentons US LLP

In the three-year saga over anticipated changes to the minimum salary threshold for overtime exemptions under the Fair Labour Standards Act, the latest – and probably final – development occurred on 24 September 2019, when the US Department of Labour issued its new final rule updating the regulations in this regard. The new regulations will become effective on 1 January 2020. As such, employers must evaluate their workforces to identify positions that will need to be reclassified or modified.

Authors: Brian Baggott, Mark P Johnson, Betsey Lasister
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Recent updates

Guy Castegnaro Professional training reform

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Dániel Gera Supreme Court rules on compensation for post-termination non-compete agreements

Hungary - Schoenherr

Authors: Dániel Gera, Dorottya Gindl
Emma Langhorn Holiday need not be prorated for term-time workers

United Kingdom - Lewis Silkin

Author: Emma Langhorn
Jean-François Cloutier Upcoming federal elections: employees' right to vote

Canada - Fasken

Authors: Jean-François Cloutier, Louis Thomas Bélanger
Robert Cocchia California dreaming, California nightmare – three takeaways from controversial independent contractor bill

USA - Dentons US LLP

Authors: Robert Cocchia, Peter Stockburger
Sara Baldus Board of Equal Treatment finds that amendment of homeworking agreement was not discriminatory

Denmark - Norrbom Vinding

Author: Sara Baldus
Jakob Widner Teachers and brothels

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Jakob Widner
Pooja Ramchandani Provident fund liability: EPFO to the rescue

India - Shardul Amarchand Mangaldas & Co

Authors: Pooja Ramchandani, Vaibhav Bhardwaj, Anjuli Marwah