: The implications for employmentlaw of the rise in numbers of people working in the Gig Economy have received significant attention in many countries in recent years. The changing nature of employment in a digital era has given rise to uncertainty regarding some of the core features of the traditional employment relationship. Thus, the employment status of those working in what is considered non-standard employment such as casual workers or those in the gig economy, has been tested through the courts on numerous occasions, with varying outcomes. Central to such cases is determining whether or not an employment relationship exists, notably whether individuals should be considered employees under a contract of service or independent contractors under a contract for service (or some intermediary category such as « worker status » as in the UK for example). Determining employment status is often the first step in cases, as the application of employmentlaw, employee rights and other
: La 16ᵉ édition du classement Best Lawyers distingue 18 avocats de Alerion Avocats pour l’excellence de leur expertise dans leurs domaines respectifs : Corporate Law–Pierre-Olivier Brouard–Christophe Gerschel–Karine Khau Castelle–Vincent Poirier–Antoine Rousseau Labor and EmploymentLaw–Jean-Christophe Brun–Nicola KÖMPF–Jacques Perotto International Arbitration / Litigation / Criminal Defense–Marie-Hélène Bartoli Vallet–Jacques Bouyssou Construction Law–Nathalie Dupuy-Loup Tax Law–Jérémie Mancel Cottrel […] The post Classement Best Lawyers in France 2026 appeared first on Alerion Avocats Paris
: La 17ᵉ édition du classement Best Lawyers distingue 21 avocats de Alerion Avocats pour l’excellence de leur expertise dans leurs domaines respectifs : Corporate Law–Pierre-Olivier Brouard–Christophe Gerschel–Karine Khau Castelle–Vincent Poirier–Antoine Rousseau–Maëliss Bourbon Labor and EmploymentLaw–Jean-Christophe Brun–Nicola KÖMPF–Jacques Perotto International Arbitration / Litigation / Criminal Defense–Marie-Hélène Bartoli Vallet–Jacques Bouyssou Construction Law–Nathalie Dupuy-Loup Tax Law–Jérémie Mancel […] The post Classement Best Lawyers in France 2027 appeared first on Alerion Avocats Paris
: Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Canadian occupational health & safety law 2. Employment & Human Rights Law in Canada 3. Legal Post Blog 4. Know How 5. ABlawg.ca Canadian occupational health & safety law Do you know what you don’t know? Workplace hazard disclosure and the limits of owner liability under the . . . [more] The post Monday’s Mix appeared first on Slaw
: Is an employee permitted to record a conversation without the employer’s knowledge? This paper will first outline the relevant case law on the admissibility of clandestine recordings obtained by the employer without the employee’s knowledge. It will then be followed by an examination of a recent case to determine whether the previously articulated principles apply mutatis mutandis . Finally, it will provide a critical analysis of the broader implications of such a solution in employment
: Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc. Two cases just announced by the FTC serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the Fair Credit Reporting Act (FCRA) . InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA. Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants. For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyo[...]
: FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices lfair July 30, 2018 | 11:05AM FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices By Lesley Fair If it looks like a duck and quacks like a duck, it’s probably a duck. But the same can’t be said for a mailer that looks like an official invoice. It could be an “o- fishy -al” offer that deceptively mimics the appearance of a government document. A case filed by the FTC and the Florida Attorney General challenges the practice of sending mailers that allegedly create the false impression that small businesses are required to buy labor regulation posters from the sender. Consider what defendants Starwood Consulting, also doing business as Corporate Compliance Services, and company president Thomas Henry Fred, Jr., sent to small businesses. The mailers – which include a Washington, D.C., 202 area code – are titled “LABOR LAW COMPLIANCE REQUEST FORM” and include the warning “Failure to comply with posting regulations can lead to fine[...]
: Labour and employment — Grievances — Referral to adjudication — Whether the First Decision conclusively determined the grievance was not properly before the Board — Collective agreement grievance procedure and requirement to present the grievance at each level — Parties may skip levels only on mutual consent — Board treated failure to judicially review or seek reconsideration as determinative — Application dismissed Procedure — Time limits — Extension of time — Federal Public Sector Labour Relations Regulations, para. 61(b) — Whether the Board reasonably refused an extension of time in the interest of fairness — Clear, cogent and compelling reasons for delay required — Deadlines brief and precise and bargained for under the collective agreement — Extension refused and application dismissed Procedure — Time limits — Computation of time — Whether the 10-business-day period to transmit the grievance began only after the judicial review deadline expired — Board rejected the proposed start date for running of the[...]
: Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening. But that’s not the only way the Spokeo settlement touches on social media. The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant? No, said the FTC. According to the complaint , Spokeo directed its employees to write the comments. Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo. The purpose, says the FTC, was to give read[...]
: KEY TAKEAWAYS The French high schooler-led uprising is not a sign of a generational struggle pitting the young against baby boomers. The uprisings indicate a state of discontentment reflecting three grievances: failings within the education system, eco-anxiety and concerns over employment in the age of AI. Far from demanding a break with the established order, young protesters are simply asking for the right to live a good and fair life... like their predecessors before them. Rarely has Freud’s Civilization and Its Discontents seemed so relevant to the times in which we are living. Although the discontents we are currently witnessing do not necessarily affect society as a whole, they are certainly impacting an entire generation born in the 21st century, as well as their parents and their social environment. Admittedly, we know that generations are not homogeneous and that any attempt to generalise is an oversimplification. Nevertheless, the high schoolers that are taking to the streets to protest in this day[...]