Changes to the DIFC Employment Law in the UAE

Global People Strategist

As of June 2019, the Dubai International Finance Centre announced a new law to replace the existing employment law that has been in practice since 2005. The changes will directly affect approximately 24,000 employees of the DIFC and has been structured to provide a balance and synergy between the business interests of the employers and the rights of the employees at the DIFC.

Are Full-Time Employees of Staffing Companies Exempt? It Depends

HR Daily Advisor

An employee who falls under the administrative exemption, the 6 th Circuit noted, is one: Who earns at least $455 per week; Whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and. Takeaways for Employers. Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance.

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Is Minor ‘Offensive’ Conduct Enough to Prove Hostile Environment?

HR Daily Advisor

Dr. “Albright,” who is an occupational medicine physician, worked at Meharry Medical College from 2005 until her resignation in 2014. To prove that she was discriminated against on the basis of her gender, Albright had to show that she suffered an adverse employment action and that her male coworkers were treated differently. Burke, an editor of Ohio Employment Law Letter , can be contacted at rburke@porterwright.com or 513-369-4236. The U.S.

Employment Law Blog Carnival: The “Candy Cane Children” Edition #ELBC

Ohio Employer's Law

People seem to like lists, so here’s one to kick off this month’s Employment Law Blog Carnival. I was blessed to see the White Stripes live the last four times they played Cleveland: August 2001 at the Beachland Ballroom (when I had no idea who they were, and was completely blown away), March 2002 at the Odeon , November 2003 at the Agora , and September 2005 at the Allen Theater. Don’t be a rat to your employer (current or former) by blabbing this stuff.

Is obesity a disability under ADA?

Business Management Daily

His weight climbed from about 350 pounds in 2005 to over 560 pounds just four years later. Michigan has banned obesity discrimination in employment since 1977. Musculoskeletal injuries such as carpal tunnel syndrome, tendonitis and herniated disks cost employers more than $50 billion per year, according to the Centers for Disease Control. The ADA was enacted 18 years ago, but it’s still one of the most misunderstood employment laws.

The Cost of Not Accommodating Caregivers

HRExecutive

Some employers “still aren’t getting it when it comes to discriminating against employees with family responsibilities.”. Williams, founding director of the Center for WorkLife Law at the University of California, Hastings College of the Law, in a recent statement highlighting findings from a new UC Hastings study. Naturally, these claims are hitting American employers pretty hard in the wallet.

Disputed Absences Prevent FMLA Victory for Kentucky Employer

HR Daily Advisor

A federal court in Kentucky recently ruled that a Kentucky employer must go to trial in a Family and Medical Leave Act (FMLA) case in part because there were disputes over whether an employee was absent and whether he had been given FMLA paperwork at the time of the absences. In 2005, he had an extended absence, and he called Pella to report his absence every day for several weeks. William claimed that he followed the same process as he had in 2005.

Minnesota Court Recognizes Workers’ Comp Retaliation Suit Filed by Undocumented Worker

HR Daily Advisor

In 2005, Dahlke Trailer Sales hired “Tony” after he presented a false Social Security number. Although Dahlke later discovered Tony’s undocumented status, he remained employed. Minnesota’s workers’ comp law prohibits employers from retaliating against employees for filing a claim. Federal immigration law, however, prohibits employers from knowingly employing undocumented workers.

University of Mississippi Pays Out $2.75 Million to Settle Alleged HIPAA Violations

HR Daily Advisor

During the investigation, OCR determined that UMMC was aware of risks and vulnerabilities to its systems as far back as April 2005, yet no significant risk management activity occurred until after the breach, due largely to organizational deficiencies and insufficient institutional oversight. Benefits Employment Law HIPAA HIPAA privacy OCRThe University of Mississippi Medical Center (UMMC) has agreed to pay $2.75

Men Need Not Apply?

HRExecutive

Brought on behalf of male Ruby Tuesday employees Andrew Herrera and Joshua Bell, the suit claims an internal Ruby Tuesday job posting violated equal opportunity employment laws from the Civil Rights Acts of 1964 and 1991. Herrera—a Ruby Tuesday employee since 2005 in Corvallis, Ore.—was This suit is a cautionary tale to employers,” says Tamayo, “that sex-based employment decisions are rarely justified, and are not consistent with good business judgment.”.

Was Inconsistent Treatment of Asian USPS Worker Discrimination?

HR Daily Advisor

In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016. The white male workers she cited had been found repeatedly sleeping on the job as far back as the mid-1980s and continued to be caught sleeping from time to time right up until their retirement in 2005 and 2007. and an editor of Massachusetts Employment Law Letter.

Here come the Pastafarians: Will you have to accommodate them?

HR Morning

Meneghello , writing on the Fisher & Phillips blog , cites a recent case that could have repercussions for employers. In response to a 2005 Delaware court case involving whether public school children should be taught the theory of “intelligent design” as an alternative to evolution, the Kansas State Board of Education began considering whether to require its students be taught intelligent design.

Are Commissioned California Employees Entitled to Separate Pay for Rest Periods?

HR Daily Advisor

Rest period violations are a source of enormous potential liability for employers, so it’s critical to ensure that you are appropriately compensating employees for their rest periods. Two former sales associates, “Dwight” and “Michael,” filed a class action lawsuit against their former employer, Stoneledge Furniture, LLC, alleging the company’s commission pay plan didn’t comply with California law. California Law on Rest Periods. by Cathleen S.

Chao Says Experience as Labor Secretary Will Guide Her at DOT

HR Daily Advisor

By working together, by making it very clear what the obligation of the employer is and how best to understand the plethora of federal, … state and local regulations, to make it transparent and easily understandable, that’s the best way to protect workers and that was the philosophy in compliance that we followed.”. Gary Peters (D-MI) asked Chao to promise that she wouldn’t suspend prevailing wage laws for federal contractors as she did in 2005 following Hurricane Katrina.

Have you been using E-Verify more than 10 years? Take Steps to Preserve Your Records

HRWatchdog

Citizenship and Immigration Services (USCIS) will be deleting records created prior to December 31, 2005. Effective January 1, 2016, E-Verify transaction records more than 10 years old will be deleted from the system; you will no longer have access to cases you created prior to December 31, 2005. If you were not using E-Verify on or before December 31, 2005, you do not need to download the report. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content.

That time when Supreme Court nominee Amy Coney Barrett upheld a plaintiff’s $300K discrimination win

The Employer Handbook

Welcome back to “ Amy Coney Barrett Week” at The Employer Handbook. In that case, the employer prevailed because the employee never told his employer that its proposed accommodation would violate his work restrictions. Employer takeaways.

CBO Releases Analysis of Senate Healthcare Bill

HR Daily Advisor

By 2026, the CBO and JCT estimate, about 49 million people would be uninsured, compared with 28 million who would lack insurance that year under current law. Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. Before joining CER in 2005, Ms. and practiced in the Labor & Employment Department at Sidley & Austin, LLP in Chicago.

Senate Issues Revised Version of ACA Repeal-and-Replace Bill

HR Daily Advisor

The revised version of the bill includes a “consumer freedom” amendment to the ACA that would allow consumers to purchase lower-premium catastrophic plans with stripped-down coverage; the current law requires all plans to provide certain minimum essential health benefits. Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. Before joining CER in 2005, Ms.

Are Workplace Wellness Programs a Waste of Time and Money?

HR Daily Advisor

Damon Jones (University of Chicago), Julian Reif (University of Illinois at Urbana-Champaign), and David Molitor (University of Illinois at Urbana-Champaign) designed and implemented a comprehensive workplace wellness program for a large employer with over 12,000 employees, randomly assigning program eligibility and financial incentives at the individual level. Before joining CER in 2005, Ms. She received her law degree from the New York University School of Law and her B.A.

Are paralegals entitled to overtime under the FLSA? Probably.

The Employer Handbook

The class was essentially a primer on the basics of employment law, during which I emphasized both the types of claims on which paralegals may assist clients, and the employment-law issues that the audience may encounter for themselvesat work. So, if the paralegal is employed hourly, the paralegal must receive minimum wage and overtime for all hours worked over 40 in a workweek. Employers need to be proactive on wage and hour issues.

The Gig Economy: Distraction from a Real Problem or Disruption to the System?

TalentCulture

In fact, a recent study showed the number of Americans benefiting from alternative work arrangements rose by nearly 10 million between 2005 and 2015. Are the halcyon days of company loyalty, full benefits, and long-term employment prospects over? In fact, of the nearly nine-million-plus new jobs created in America since 2005, nearly all of them have been “gig economy” style employment. Airbnb. TaskRabbit. Fiverr.

Teambuilding: Making Work Teams Work

HR Daily Advisor

Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. In the past, she served as the managing editor of California Employer Resources (CER), BLR’s California-specific division, overseeing the content of CER’s print and online publications and coordinating live events and webinars for both BLR and CER. Before joining CER in 2005, Ms.

ACA Repeal Could Lead to 32 Million More Uninsured Americans by 2026, CBO Reports

HR Daily Advisor

3762, the Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015, which would repeal portions of the Affordable Care Act (ACA)—eliminating, in two steps, the law’s mandate penalties and subsidies but leaving the ACA’s insurance market reforms in place. Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. Before joining CER in 2005, Ms.

Trumpcare 2.0: Senate Releases Highly Anticipated Healthcare Bill

HR Daily Advisor

Dubbed the “Better Care Reconciliation Act of 2017,” the 142-page Senate proposal is substantively quite similar to the AHCA—including its elimination of the employer and individual mandates—with a few distinctions. Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. Before joining CER in 2005, Ms. She received her law degree from the New York University School of Law and her B.A.

While You Were Gone … We Found out We Didn’t Need You

HR Daily Advisor

What happens when an employee is out on job-protected leave and an employer realizes that everything keeps moving along just fine without him or her or that his or her duties shouldn’t really take 40 hours per week? While federal employment laws generally require that employees be reinstated at the end of a medical leave, employers may have options under the Americans with Disabilities Act (ADA) in such situations. 2005).

CBO: $194 Billion Deficit Increase If Key ACA Subsidies End In 2017

HR Daily Advisor

Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. In the past, she served as the managing editor of California Employer Resources (CER), BLR’s California-specific division, overseeing the content of CER’s print and online publications and coordinating live events and webinars for both BLR and CER. Before joining CER in 2005, Ms.

Do You Play Favorites at Work? You Should.

HR Daily Advisor

Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. In the past, she served as the managing editor of California Employer Resources (CER), BLR’s California-specific division, overseeing the content of CER’s print and online publications and coordinating live events and webinars for both BLR and CER. Before joining CER in 2005, Ms.

Can Employers Make Direct Deposit Mandatory?

Paycor

Like most things in HR, it all depends on the employment law in your state and the classification of employees. Covered employers. All employers. All employers. All employers. Private and state-government employers. All employers. Private employers. All employers. Private employers. Private Employers and Local Governments. All employers. All employers. All employers. All employers.

Governor Signs Job Creator Bill: Employers Can Cure Technical Violations

HRWatchdog

A California Chamber of Commerce- supported job creator bill that provides employers with a limited opportunity to cure technical violations in an itemized wage statement before being subject to costly and devastating litigation was signed by the Governor on Friday. the employee must give the employer 33 days to cure the alleged violation. The employee did not allege that this truncated version of the employer’s name misled her, confused her, or caused her any injury.

How an Increasing Contingent Workforce Impacts Company Culture

Compensation Cafe

As this Politico article summarized: “From 2005 to 2015, according to the best available estimate , the number of people in alternative work arrangements grew by 9 million and now represents roughly 16 percent of all U.S. First, a brief recap on the benefits of independent contractors for employers and for the workers themselves. Employers are no longer responsible for the costs of benefits, overtime, pensions, etc.

Two tough lessons on training

HRExecutive

A pair of recent Equal Employment Opportunity Commission cases suggests the situation is every bit as risky — both for drivers and employers — as you might think. Supreme Court ruling that lawyers call a victory for employers. The case stems from a 2005 claim by a female driver trainee who said she was sexually harassed. Employment lawyers lauded the Supreme Court’s ruling as a victory for employers.

COBRA Continuation Coverage: Who Pays?

HR Daily Advisor

Most employers are aware that the Consolidated Omnibus Budget Reconciliation Act (COBRA) requires group health plans sponsored by covered employers to allow qualified beneficiaries to have “COBRA continuation coverage” in the event that they lose group health plan coverage for specified reasons. COBRA applies only to employers who had 20 or more employees on more than 50% of typical business days during the prior calendar year. Subsequent Employers.

How COBRA Intersects with Medicare and Retiree Health Plans

HR Daily Advisor

Myers notes, employers are required to offer COBRA coverage only when a qualified beneficiary loses coverage upon certain specified events. If an employer offers retiree health coverage that is a non-COBRA alternative to COBRA coverage for eligible retirees, then the retirees are still considered “covered employees” for COBRA purposes. Employers should analyze how Medicare entitlement will affect the offering of retiree plans as alternative coverage.

401(k) Hardship Withdrawal Rules Explained

HR Daily Advisor

To ease employees’ concerns about access to their elective deferrals in the event of a financial emergency, an employer may provide for hardship withdrawals in its plan. For employers, it increases the adminis­trative burden of operating the plan; for employees, making preretirement withdrawals can sig­nificantly drain retirement savings. Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance.

#SHRM16 Interview with Tim Mulligan the CHRO of the Year

OmegaHR Solutions

He then got a law degree from Gonzaga University School of Law. But in addition to that they are also located in California and we all know what employment law is like in California, so who better to have as your head of HR than an attorney? In 2005 Mulligan partnered with Halogen. I lived in Southern California for my high school and college years. In college I studied comparative animal psychology, primates in particular.

CHRO 53