Featured Articles

Supreme Court Creates New Risk For Employers Who Use Tests or Other Screening Devices

James A. Burns, Jr.
July 01, 2009 14:55

In one of its most significant employment discrimination decisions in years, the U.S. Supreme Court held this week that if an employer discovers that a test it has given to employees would screen out a statistically significant number of women or minorities, the employer cannot scrap the test based...

California Courts Address Employment Arbitration Agreements

February 19, 2010 18:36

Recent opinions by the California Courts of Appeal should encourage employers to review and assess the enforceability of their arbitration and related employment agreements. Court Refuses to Enforce Agreement to Shorten Limitations Period on Wage and Hour Claims In Pellegrino v. Robert Half...

Changes in Employment Law for April 2010

April 06, 2010 13:03

In force from today are a number of legislative changes which will be of interest to employers. These include the new right to request time off to train and the replacement of sick notes with “fit notes”. Also expected to come into force today are various regulations relating to...

Recent Articles

Dealing with dismissal and compensated no fault dismissal for micro businesses

Ruth Bonino
March 22, 2012 14:34

The Government has recently issued a new “Call for Evidence”, Dealing with dismissal and “Compensated no fault dismissal” for micro businesses.  The main aim of the paper is to gather evidence from businesses to establish what can be done to encourage small employers to...

Disciplinary action and suspension for misconduct: guidance from UK Court of Appeal

March 19, 2012 13:12

The Court of Appeal decision in Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 provides guidance as to the procedural standards required in misconduct cases in which dismissal is likely to impact on the employee's ability to pursue his/her chosen career. The...

UK Court of Appeal refuses to uphold a barring order against a former employee

Ruth Bonino
March 14, 2012 12:39

This post was written by Ruth D. Bonino and Fiona McFarlane. In Caterpillar Logistics Services (UK) Ltd v Huesca de Crean, an employee who had no restrictive covenant in her contract of employment prohibiting her working for a third party, could not be prevented from taking up employment with a...

NLRB Posting Requirement Upheld, But Enforcement Limited

William Bevan III
March 05, 2012 20:57

This post was written by William Bevan, III and Joel S. Barras. As we have discussed in earlier posts found here and here, several national trade associations challenged the NLRB’s Rule that requires all employers covered by the National Labor Relations Act to post a notice...

Service provision changes: UK EAT gives guidance on the meaning of an "organised grouping of employees"

Ruth Bonino
March 01, 2012 15:40

This post was written by Ruth Bonino and Ed Hunter. In the case of Eddie Stobart v Moreman & Others the Employment Appeal Tribunal (EAT) has provided welcome guidance on the meaning of “organised grouping of employees” for the purposes of a “service provision change”...

Pennsylvania Commonwealth Court Prohibits Act 111 Arbitration Panels from Reducing Post-Retirement Health Care Benefits for Active Employees

Joel S. Barras
February 28, 2012 19:21

This post was written by Joel S. Barras and Valerie M. Eifert. At a time when public employers across Pennsylvania are seeking to reduce or at least contain the skyrocketing costs of post-retirement health care benefits, the Commonwealth Court has virtually handcuffed municipalities from achieving...

Expiry of fixed term contracts and UK collective redundancy consultation

Ruth Bonino
February 27, 2012 15:02

  The Employment Appeal Tribunal (EAT) has provided guidance on when the expiry of a fixed term contract will count toward the number of dismissals proposed by an employer that triggers collective redundancy consultation obligations. The EAT held that employees who were dismissed by virtue of...