Parakar Group’s Post

As the economy has developed and internet technologies have progressed, the way workers work has become more and more flexible, with working from home and working online becoming more and more common, shining an increasingly bright light on the issue of “invisible overtime” where such social media software as WeChat is used to handle work after working hours.     A labour dispute case involving overtime pay recently concluded by the Wuhan Intermediate People’s Court should be closely studied by employers. Business Law Digest is compiled with the assistance of Baker McKenzie.   Find latest legal industry news on Law.asia (Vantage Asia Publishing Limited).     📢 Join our membership: https://lnkd.in/gej4g8WB     #cblj #china #labourdispute #labourlaw #employmentlaw #legalnews #inhousecounsel #business #legalprofession #lawfirms #lawyers #legal #law #lawdotasia 

Changes...wo wo wo changes... Check out Daniel's post...his key takeaways are: 1) If you currently have exempt employees making less than about $44,000, you may need to review (and potentially eliminate) the exemption. On January 1, 2025, that level goes up to $58,500. 2) If you have non-compete agreements, most of those will be banned under the rule likely around the end of the summer. Some existing senior-level non-competes may remain in place for now but all other non-competes should be reviewed immediately. 3) Non-solicitation provisions and confidentiality provisions become all that more important.

Starting a business in Serbia? Make sure you're up-to-date with Serbian labor laws! Our comprehensive guide covers everything from working hours and overtime to sick leave and vacation entitlements. Don’t let legal complexities hold you back—get the essential information you need to stay compliant and thrive. For a detailed breakdown, visit our full article here: https://lnkd.in/gr_pAmF8

Some significant changes to be aware of if you are an HR professional. Daniel Schwartz does a good job of breaking them down along with effective dates (assuming no major legal challenges).

It's a big week for new final rules from the federal government. First off, the USDOL released new overtime regulations raising the salary thresholds. If this sounds familiar, it's because the Obama administration proposed something similar in 2020 before the rule was challenged in court and ultimately withdrawn under the Trump administration. The rule is effective July 1, 2024 (barring any legal challenges that may very well develop). But that's not all. The Federal Trade Commission is also releasing a final rule largely banning the use of non-compete agreements. The rule was announced at a meeting this afternoon. Again, this rule is also likely subject to multiple legal challenges. But for employers, the combination of these two new rules can be significant. I'll be reviewing them more in the upcoming days. For now, the takeaways are: 1) If you currently have exempt employees making less than about $44,000, you may need to review (and potentially eliminate) the exemption. On January 1, 2025, that level goes up to $58,500. 2) If you have non-compete agreements, most of those will be banned under the rule likely around the end of the summer. Some existing senior-level non-competes may remain in place for now but all other non-competes should be reviewed immediately. 3) Non-solicitation provisions and confidentiality provisions become all that more important. This is a rapidly developing area; be thoughtful in your next steps and make sure you understand the implications. We're still some time before implementation but barring an injunction, these could have the biggest impact on employers we've seen in the last decade.

As discussed in our annual review of China employment law this week, we expect to see even more overtime cases in 2024. #employmentlaw #china

THIS IS THE LAW… Labor and business advice for small business and entrepreneurs If an enterprise routinely adjusts employees' timesheets to avoid paying overtime, it is likely violating labor laws, specifically those pertaining to wage and hour regulations. In many countries, including the United States, employers are legally required to pay eligible employees overtime at a higher rate for any hours worked beyond the standard 40-hour workweek. The consequences for such violations can include: 1. **Back Pay**: The employer may be required to pay all unpaid overtime, potentially going back several years, depending on the statute of limitations. 2. **Penalties and Fines**: Government labor departments can impose fines and penalties on businesses that fail to comply with wage and hour laws. 3. **Lawsuits**: Affected employees could file a lawsuit against the employer. This could lead to significant legal costs and further penalties. 4. **Damage to Reputation**: Such practices can harm an organization’s reputation, affecting its ability to attract and retain talent and possibly impacting its customer base and business relationships. 5. **Criminal Charges**: In severe cases, willful disregard of labor laws can lead to criminal charges against the company or responsible individuals. Employers are advised to carefully track and record all hours worked by employees and ensure they comply with all applicable labor laws regarding overtime pay.

The Department of Labor (DOL) has been active in issuing rulings that impact how employees are classified and when they are entitled to overtime pay. At the same time, the Federal Trade Commission (FTC) quietly issued a final rule that disrupts the long-standing employment practice of non-competition clauses.  Check out the latest post in the Blueprint Blog to learn more about these important updates and then contact us with any questions and for help preparing for the changes. #BlueprintHRM #Compliance #LegislativeUpdate https://lnkd.in/ei9ugRYb

Check out my latest blog post regarding recent DOL and FTC rulings that could affect your business. I'm here to assist you with any questions you have and to help you prepare for the changes. Whether you need clarification on specific aspects of the legislation, guidance on implementation strategies, or assistance in updating policies and procedures, feel free to reach out. I'm here to support you through the process. #Compliance #BlueprintHRM #LegislativeUpdate

That’s a wrap for HR and Employment Law training for this year! We spent time reviewing key employment law judgments and what new laws companies need to be ready for in 2024. There was lots of discussion about employment status; holiday pay for zero hours/casual staff; calculating ‘normal’ holiday pay for employees who regularly earn overtime pay, commission etc and the Government’s proposal to retain ‘normal pay’ when calculating 4 weeks of holiday entitlement and ‘basic pay’ for 1.6 weeks of holiday entitlement - a ruling that has been in existence but which many businesses are not aware of. If you’re a business engaging zero hours, casual, term-time workers, sole trader self-employed or have employees who regularly earn commission, overtime or other regular payments, contact us to find out if you are compliant. We are also offering a full HR Audit to SME businesses - to check your HR practices and documents are compliant - contact us to find out more 👇 https://lnkd.in/e23ay55