Employment & Benefits updates

Canada

Contributed by Fasken
Amending the Broader Public Sector Executive Compensation Act
  • Canada
  • 26 June 2019

In 2018 the Ontario government issued a new compensation framework regulation that continued to freeze the current levels of compensation for executives at most designated employers within the broader public sector. While the freeze remains in effect, proposed amendments indicate that the government will be introducing a new regulation – and new compensation frameworks – that will provide further guidance on executive compensation going forward.


France

Contributed by Coblence & Associés
Industrial tribunals against the Macron scale: rebels with a cause?
  • France
  • 26 June 2019

The so-called 'Macron ordinances' overhauled the Labour Code in September 2017. One of the main effects was the introduction of a schedule of damages in French labour law, whereby a judge can award damages for unfair dismissal only within certain limitations depending on the employee's seniority. While some lower courts have applied the new law, an increasing number of courts are challenging it on the basis that it would be contrary to international law.


Hungary

Contributed by Schoenherr
New rules on handling of employee data
  • Hungary
  • 26 June 2019

Parliament recently adopted a new law amending several sectorial laws concerning the processing of personal data. The new law aims to provide clarity in these areas and has amended the general rules of the Labour Code. It has also introduced a new chapter which sets out general rules on the handling of employee data. Although the amendments of the existing rules on the processing of employee data have been eagerly awaited, many practitioners have expressed their disappointment.


International

Job interview 4.0 – legal considerations for automated face and speech recognition
Rihm Rechtsanwälte
  • International
  • 26 June 2019

Many companies advertise and sell sophisticated video interview software to large companies for recruitment purposes. While applicants are interviewed from the comfort of their own homes, up to 20,000 data points can be collected from this type of interview and analysed instantaneously using algorithms to find the right employee. However, many legal issues have arisen following the introduction of this software.


USA

Contributed by Dentons US LLP
California's employment regulatory scheme: PAGA in wake of Epic Systems
  • USA
  • 26 June 2019

As employers doing business in California know, California's employment regulatory scheme is the most comprehensive of any US state. In particular, the California Private Attorneys General Act (PAGA) allows employees to sue employers for civil penalties on behalf of themselves and other employees. Most significantly, PAGA provides for the reimbursement of attorneys' fees to employees who successfully bring suit. However, Epic Systems may mean a change in favour of standalone PAGA cases.


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