Tuesday, April 16, 2019

11 Keys to Follow Employment Law Standards in Hong Kong

A quick primer for businesses seeking or operating in Hong Kong.

1. Key Minimum Employment Rights
The principal statute regulating the work relationship is the Employment Ordinance. Many benefits and protections under the ordinance are available only to "continuous employees"—workers who are employed under a continuous contract. A continuous employee must have worked for the same employer for at least four consecutive weeks and at least 18 hours each week.
2. The Employment Contract
In Hong Kong, employment contracts can be for an open term—that is, permanent—or a fixed term. If the period is not specified in the contract, it will be deemed to be a contract for one month, renewable from month to month once the employee has worked for at least 18 hours per week for a continuous period of four weeks.
The use of agency workers is not as common in Hong Kong as in certain other jurisdictions in Asia, partly due to the relative ease with which employers can terminate employment in Hong Kong./.....

Full list here: https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/global-Hong-Kong-employment-law-overview.aspx

Thursday, January 17, 2019

2019 US employment book checklist

Running a business, and part of good governance, is ensuring your employment standards or HR handbooks are up-to-date with the latest changes and upcoming issues for your business. Here is a checklist from https://www.workforce.com/2019/01/07/2019-employment-law-compliance-checklist/ to consider.

☑️ How many employees do you have (15 / 20 / 50)?
☑️ When is the last time your handbook has been reviewed and updated?
☑️ When was your last harassment / respectful workplace training?
☑️ Do you require restrictive covenants for key employees?
☑️ Do you have employees that work in states in which marijuana is legal?
☑️ Do you have federal contracts?
☑️ Are your employment law posters up to date?
☑️ Has your state or local minimum wage increased?
☑️ How are you calculating and paying overtime to non-exempt employees?
☑️ When did you last analyze your exempt employees?
☑️ Do you have independent contractors?
☑️ Is all of your workplace OSHA compliant?
☑️ Are your OSHA 300 logs up to date and your 300A form posted?
☑️ Are your FMLA forms up to date?
☑️ Are you managers trained on the ADA interactive process?
☑️ Are you job applications and workplace accessible for the disabled?
☑️ Do you know what devices are accessing your network?
☑️ Have you tested your network for security?
☑️ Are employees trained on cybersecurity compliance?
☑️ Do you have necessary and appropriate insurance (EPLI / Cyber / D&O)?

Tuesday, January 8, 2019

A look back at key employment law cases from 2018 in Canada


In particular, the cases and rulings matching shifting cultural sentiment around movements such as #metoo. How will this play out in the workplace. Read on to discover more on some major employment cases of 2018.

Wednesday, August 15, 2018

Five employment case law trends in the US and what they mean

Some federal case law to keep tabs which will have impact on employment law. Here are the key areas pulled from this article: https://www.hrdive.com/news/5-case-law-trends-and-what-they-mean-for-your-workplace/529146/ Adverse employment actions; Pretext; Race and national origin discrimination; Religious discrimination; Gender discrimination

Wednesday, August 1, 2018

Employment law in the age of the #metoo Movement

This is a podcast that is worth checking out on the recent #metoo movement and the implications of sexual abuse in the workplace. http://www.wxxinews.org/post/connections-discussing-employment-law-age-metoo

Monday, July 23, 2018

Five Key Employment Law Issues Facing the Health Care Industry in the US

A comprehensive article looking at upcoming issues in US employment law pertaining to the healthcare industry.
Employers in the health care industry are dealing with a growing number of employment law challenges. In this edition of Take 5, we identify the key issues confronting health care employers and discuss how to manage these challenges.
First, as health care employers continue to face a rise in the number of workplace violence incidents, we examine measures to address and curb these incidents. In addition, in light of the fact that health care employers are increasingly vulnerable to allegations of False Claims Act violations, we identify the steps that employers should consider when responding to resignation letters alleging health care fraud. We pinpoint the employment law risks that buyers should recognize and assess during the due diligence process as well as the restrictive covenant issues to consider in health care transactions. Finally, we focus on the data privacy and security requirements under Europe’s new privacy law and the steps for complying with these requirements.

More here: https://www.jdsupra.com/legalnews/five-key-employment-law-issues-facing-80755/