Serco Leisure have been issued with an enforcement notice by the UK Information Commissioner’s Office (ICO) for unlawfully processing their employees’ biometric data through facial recognition technology and fingerprint scanning. What can we learn from this? With a rise in remote working as the fallout from the COVID-19 pandemic continues, there has been a proliferation of workplace monitoring ...
On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to abide by certain notice and distribution requirements by July 1, 2024. The notice and distribution requirements will inform employees and independent contractors of their rights under federal, state, and local law ...
April 2, 2024 By: Leah Lively and Alexandra Shulman On June 6, 2024, new amendments to Washington State’s noncompetition statute (RCW 49.62) will go into effect, which place further limitations on the use of noncompetition agreements in Washington. Substitute Senate Bill 5935 introduces several modifications to RCW 49.62 that Washington employers (and employers with Washington employees) should be aware of: Broader definition of “noncompetition covenant ...
Another year, another mandate for California employers. By July 1, 2024, nearly all employers in the Golden State must have in place a workplace violence prevention plan. While the compliance deadline may be three months away, employers need to immediately take action to ensure completion and training by July 1. According to the Occupational Safety and Health Administration (OSHA), workplace violence is the second leading cause of fatal occupational injuries in the U.S ...
The Government have now published the Statement of Changes to the Immigration Rules which confirm the changes being made to the Skilled Worker route as part of the ‘five-point plan’ to reduce net migration. We summarise the main points for employers to take note of ahead of the changes taking effect on 4 April ...
Shoosmiths has submitted a comprehensive response for the proposed Automated Vehicles Bill (AV Bill) to the House of Commons. It outlines crucial insights from the firm into the expanding connected and automated mobility sector, to support with new legislation ...
There are three main challenges to increasing competition in the availability of enroute charging stations, especially at motorway service area (MSA) sites, and the common theme is cost. The main challenges are: High costs for connecting to the electricity network, which acts as a key barrier to charge point operators (CPOs) investing at MSA sites. Limited competition at MSA sites, which is linked to the high costs for connecting to the electricity network ...
On January 10, 2024, the Wage and Hour Division of the United States Department of Labor (“DOL”) published a final rule (the “Final Rule”), which became effective on March 11, 2024, modifying the DOL’s guidance on how to analyze who qualifies as an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”) ...
April is traditionally a month when employment law changes are made and this year is no exception. We provide a summary of the key changes employers need to be aware of and what steps they should take as a result of the changes. National Minimum Wage From 1 April 2024, the hourly National Living (NLW) and Minimum Wages (NMW) will increase to £11.44 (for workers aged 21 and over), £8.60 (for workers aged 18-20), £6.40 (for workers aged 16-17) and £6 ...
The Ohio Supreme Court upheld a temporary Ohio law providing that income earned by remote workers would be taxed by the municipality that was their principal place of work, rather than the municipality where they actually performed remote work during the COVID-19 emergency period. The 5-2 decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, came on February 14, 2024 ...
The Law Commission recently announced that it has commenced a three-year review of existing legal frameworks to identify the challenges and opportunities linked to the introduction of highly automated systems into the aviation sector. Such systems could include autonomous drones that can deliver goods to remote areas and pilot-less flying taxis that can transport people across urban environments ...
The government’s push to drive down net migration figures has been well documented. 2024 will see a raft of changes aimed at reducing this figure from the 745,000 that was recorded for 2022. Whilst there is no doubt that the changes will result in reduced migration, it will also make things more difficult for sectors that rely on the sponsorship system to fill vacancies in areas where there are skills shortages in the resident labour market ...
On March 8, 2024, just days before it was set to take effect, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB’s”) recent rule on determining the standard for joint-employer status. The NLRB issued the rule on October 26, 2023. It established a seven-factor analysis, under a two-step test, for determining joint employer status ...
Violence in the workplace is something all employers prohibit and try to prevent. Healthcare employers have a tougher time, because the violence often comes from patients. How do you best protect workers while still providing needed patient care? There are no federal laws addressing this issue, so some states have stepped in. Recently, Texas joined states like California in enacting statutory protections against workplace violence directed at healthcare workers.[1] Texas S.B ...
The use of AI systems and chatbots by employees and employers is gaining more and more foothold at workplaces. It is relevant for the employer to be aware of the regulation applicable to employees' use of AI systems and chatbots and to ensure that the employer's own use of AI systems takes place within the applicable regulation in terms of employment and personal data law. Use of AI Systems by Employees AI systems and chatbots are useful tools for employees ...
Author: Samiron Borkataky (Partner) and Srishti Kanwar (Senior Associate) On January 30, 2024, the Ministry of Women and Child Development released the National Minimum Standards and Protocol for Crèches (Operation and Management) (“NMSPC”). The NMSPC provides a comprehensive framework for setting up and managing crèche facilities and seeks to ensure quality childcare services by standardizing and institutionalizing care practices ...
At a time when the pandemic is continuing to have repercussions and we are experiencing a severe labour shortage, the educational childcare sector is facing unprecedented challenges. These circumstances have led to a reassessment of the standards relating to the presence of qualified childcare staff with children ...
As digital platforms continue to dominate, the gig economy provides jobs that enable flexible working. This article seeks to explore the recent state of play regarding gig-economy working in the UK, and how employers can comply with their obligations. What is the gig-economy? The gig-economy reflects the labour market in which typically short-term jobs are carried out over digital platforms by individuals who can fit such work around their other commitments ...
With Mother’s Day approaching this Sunday, a day seen by many as one to celebrate and recognise fantastic, supportive, loving motherly figures, it is for others a day full of challenges and sadness ...
In our second article in the series focusing on discrimination in the workplace, we consider race, one of the nine protected characteristics under the Equality Act 2010, including what the term covers and what issues commonly arise in the workplace. What is race? Race is defined in the Equality Act 2010 as including colour, nationality and ethnic or national origins ...
Practise What You Preach Governance + Compliance Magazine Joanne Sear, Principal Associate Barrister, Shoosmiths February 2024 Companies in the legal services industry may be advising clients on the risks and opportunities around corporate responsibility, but are they living up to those recommendations? For more than a decade, corporate responsibility (CR) has been a key risk and opportunity for businesses ...
The Department for Transport today announced that design work on the £1.75 billion Midlands Rail Hub can commence with an injection of £123 million. The Midlands Rail Hub project is poised to transform rail connectivity in the heart of England, promising significant benefits for commuters and travellers alike. This is a comprehensive upgrade project that aims to enhance rail services across the Midlands region ...