Bina Briggs’ Post

I am often asked what are the most important things to deal with when hiring your first employee. TOP OF THE LIST IS - Employment contract! My advice is don't download one off the internet and hope that it will be ok. You need to ensure your contracts include information on as many workplace-related issues as possible, so everything from probationary periods to what type of contract to have (zero-hours or fixed-term), to overtime (and how to calculate it) should be in the contract. Also be sure to define someone’s employment status before creating any contract, as many UK laws distinguish between whether someone is a worker or an employee. I get calls regularly from people who are having issuing with an employee who has a badly written contract or no contract at all. Remember since April 2020 it is the law to give an employment contract! This has to be done by the end of the first day of them working for you. Make sure you include all paid benefits, statutory or otherwise, written in the contract and the notice period. There are many other things to consider and I can help - just contact me for advice and support or a review of your current employment contracts. #EmploymentLaw #SmallBusinessAdvice #HRAdvice #UKEmployment #ContractLaw #EmployeeRights

NAVIGATING CHANGE: RECENT AMENDMENTS IN EMPLOYMENT LAW   Today I presented on the amendments to the Employment Act 1955, shedding light on the revised definition of an ‘employee’.   Who is an ‘Employee’?   According to Section 2 of the Employment Act 1955, an employee is a person included in the First Schedule. Under the First Schedule, an employee is any person who has entered into a contract of service. This means that the whole Act is applicable to employee irrespective of wages. In comparison to the previous Act, it was only applicable to those whose wages did not exceed RM 2,000.   Although this Act is applicable to all, employee earning more than RM 4,000 are not entitled to payments for overtime, work on rest days, public holidays and termination benefits.   With an exception for employee that are engaged in manual labour (includes artisan or apprentice) and others. ‘Manual Labour’ involves physical exertion compare to mental/intellectual effort. Therefore, employee that are engaged in manual labour are entitled to payment for overtime, work on rest day, public holiday and termination benefit even if their wages exceeds RM 4,000.   Feel free to connect with me on LinkedIn for further professional networking and collaboration! #employmentlaw #humanresources

The U.S. Department of Labor has finalized the salary threshold for “white collar” exemptions in its Restoring and Extending Overtime Protections Final Rule. In our latest Blank Rome Workplace post, Jason Reisman looks at the rule and outlines relevant data points. Read it here: https://lnkd.in/exk7WStx #eapexemption #salarythreshold #whitecollarexemptions #employmentlaw

Can I make my employee stay back to work until 12 midnight? It depends! Having your employees working overtime is one thing, but take note: forced labour is a punishable offence! What is Forced Labour? Section 90B Employment Act 1955 tells us what forced labour is all about (and that it is very much prohibited): Any employer who threatens, deceives or forces an employee to do any activity, service or work and prevents that employee from proceeding beyond the place or area where such activity, service or work is done, commits an offence and shall, on conviction, be liable to ===> a fine not exceeding RM100k OR to imprisonment for a term not exceeding two years or to both.

Important update from the U.S. Department of Labor: The salary threshold for white-collar exemptions under the Fair Labor Standards Act (FLSA) has been raised from $35,568 to $58,656 as of Jan. 1, 2025, with an interim increase to $43,888 starting July 1, 2024. This means more hourly workers could be eligible for overtime pay. Employers now need to decide whether to increase the salaries of employees who earn above the old overtime threshold but below the new one to maintain their exempt status. For more information, click here: https://loom.ly/Yu_pHR4 To schedule a consultation with our team of Employment Lawyers, call 239-298-5200. CTKDDT, Naples FL, Naples FL Attorneys, Family Law, Employment Law #businesslaw #litigation #separation #divorce #divorcelaw #employerlaw

Unions will push for restrictions on part-time work, including minimum four-hour shifts and 28 days’ advance notice of rosters during a major review of part-time employment conducted by the Fair Work Commission. But employers have accused unions of “demonising” flexible forms of work, and will seek new provisions allowing part-time employees to agree to work additional hours without overtime. FWC president Adam Hatcher said the “fundamental review” of part-time employment would establish a standard model in awards, while the tribunal would also determine a new working-from-home clause in the clerks award that could be a model to operate across industries. The Australian https://lnkd.in/gxe4Jqb7

Last Friday the Labour Court ruled in favour of our Company client and dismissed claims from two of their former employees. The two employees were claiming for purportedly unpaid notice period of up to 6 months each i.e. a total of 12 months salary, plus some overtime claims. Interestingly the employees were probationers who were terminated summarily at the end of their probationary period, when the Company deemed that they were unfit to be confirmed as permanent employees. The dispute largely arose due to poorly drafted employment contracts which gave the employees a misconception that they were entitled to 6 months notice period. Whilst the client manage to eventually convince the Court that that wasn’t the case (and the overtime was also not proven and not payable), this suit could have been avoided had the contracts been clearer, and the termination was handled better. The client almost had to pay 12 months of salary to two probationers unnecessarily! Therefore, dear Employers and HR managers in my connections, Please periodically review your employment contracts and employment handbook to ensure that they are not only compliant with the law, but are also clear and specific. Take care.

HR Tip of the Week: HR Outside 🌳 Compliance with Changing Labor Laws: Staying updated with changes in employment laws, such as minimum wage adjustments, overtime regulations, and safety standards. #HR #HumanResources #WorkplaceCompliance #LaborLaws #EmploymentLaw #HealthyWorkplace #SafetyStandards #EmploymentRegulations #WorkplaceSafety #HRProfessional #ComplianceTraining #OvertimeRegulations #LegalCompliance #EmployeeRights #HRSupport #ComplianceMatters #HRAdvice #StayUpdated #LegalChanges #HRManagement #TipsForHR #LaborLawUpdates #ComplianceCulture #WorkplaceBestPractices #LearnHR #LaborLawChanges #TrainingAndDevelopment #SafetyFirst #EmployeeProtection

Ministry of Human Resources has has amended the Labor law by updating 38 laws, removing 7 laws and adding Two new laws. Most notable changes: - Eligibility of agreement between two parties of employment on receiving paid leave instead of overtime pay. - probation period must be specified and not to exceed 180 days - Paid leave in case of the passing away of a sibling. - Identifying employment duration and renewal process for non Saudi employees incase not entered on contract. - Maternity leave balance to be increased to 12 weeks. - Notice period to be 30 days if resignation is by the employee & 60 days from employer side. Note the implementation will take effect after 6 months of today’s date.

The Department of Labor recently issued a new rule that increases the requisite salary level for “white collar” executive, administrative, and professional exemptions from the Fair Labor Standard Act’s (FLSA) overtime requirements. Though the state of Texas challenged this ruling, as of July 1, it is in effect for all other employers under the FLSA. Our Labor and Employment team shared their perspective on the impacts of this ruling here: https://lnkd.in/gz7-cKQK #LaborandEmployment #LegalInsights