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The Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled on 18 May 2021 (docket number 3 AZR 317/20) that in the case of the PSV’s assertion of claims against the insolvency administrator of an insolvent company, it is not the balance sheet interest rate used for the calculation of the pension provisions that is applicable,…
Last week the government issued its first official guidance on ethnicity pay gap reporting. Somewhat unusually among gov.uk workplace guidance, it is prospectively a very useful read. To its immediate credit, for example, it accepts right up front that there can be many legitimate reasons for disparities in average pay between ethnic minority groups. “It…
Last week, the U.S. Supreme Court issued a decision that doesn’t address employment law directly, but it certainly does indirectly. Labor lawyers in particular need to watch this. In Axon Enterprise v. FTC, the Court unanimously held that plaintiffs could bring federal court challenges to the constitutionality of SEC and FTC procedures before the administrative…
Understanding employment laws can be tricky. With all the regulations and court cases, it’s no wonder people get confused, especially employers. Then there’s the fact that these legal requirements can exist at the federal, state and local levels. Most of these laws make sense to protect employees from mistreatment or exploitation. But others seem too…
As we approach the precipice of a new era in technology, marked by the increasing prevalence of advanced Artificial Intelligence (AI), it’s worth reflecting on the lessons from Frank Herbert’s seminal science fiction epic, ‘Dune.’ In the Dune universe, a cataclysmic event known as the Butlerian Jihad led to the outright ban and destruction of…
In a judgement of the Federal Labour Court of 23 February 2021 (Bundesarbeitsgericht – BAG; docket number 3 AZR 15/20), the grounds of which were recently published, the court has ruled that with regard to the pension adjustment decision of a non-profit association – in this case a trade union – there are several special…
Being married to a techie who was once a lawyer, and not without a degree of self-interest I have recently spent a good number of hours musing over the impact of GPT on the future of the legal profession. GPT stands for Generative Pre-trained Transformer (memorise it, this will soon be a quiz question) and…
On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board decision in McLaren Macomb, 372 NLRB No. 58 (2023). As we previously reported, the Board’s decision in McLaren overturned a Trump-era…
The NFL Players Association’s Board of Player Representatives will reportedly be meeting in June to consider and potentially vote on a new Executive Director to replace DeMaurice Smith, who has held the position since March 2009. No candidate has been publicly identified, and thus what follows is an educated guess. First, it is helpful to…