Winston-Salem SHRM’s Post

English case law Hall of Fame We thought our international clients, colleagues and friends would welcome details of some of the most famous English law cases. Please do feel free to nominate cases that you feel are important, describing why the relevant case should be in the #Summit Law Hall of Fame. Enjoy! Jeremy Boyle, Summit Law’s Head of Corporate Recovery & Fraud and Asset Tracing. A Famous Employment Law Case – “Donoghue v Stevenson”   One of the most famous UK law cases regarding employment is "Donoghue v Stevenson" (1932), often referred to as the "Paisley Snail" case. While not a traditional employment law case, it had profound implications for the legal concept of a duty of care, which is foundational to employment law and many other areas of law. In this case, Mrs. Donoghue claimed damages from Mr. Stevenson, a manufacturer of ginger beer, after she fell ill from consuming a contaminated bottle of ginger beer that had a decomposed snail in it. The significance of the case lies in the ruling by the House of Lords, which established the concept of negligence and the duty of care owed by manufacturers to consumers. While "Donoghue v Stevenson" primarily deals with product liability, the concept of duty of care it established has far-reaching implications for employment law. It laid the groundwork for understanding the duty of care that employers owe to their employees, ensuring a safe working environment, and providing fair treatment in the workplace. The case set a precedent for employers' responsibilities towards their employees, contributing to the development of health and safety regulations, employment contracts, and workplace policies aimed at preventing harm and ensuring employees' well-being. Furthermore, the principles established in "Donoghue v Stevenson" have been applied in various employment-related disputes, such as cases involving workplace accidents, discrimination, harassment, and wrongful termination. It serves as a cornerstone of modern legal principles governing the employer-employee relationship in the UK and beyond. While there are numerous other notable UK employment law cases, "Donoghue v Stevenson" stands out for its foundational role in establishing the duty of care, which remains a fundamental concept in employment law and broader legal practice. If you have a legal problem that needs solving contact us today on (0)207 467 3980 https://lnkd.in/e5UpYxBp

Excerpt: “If you need a big picture, snapshot understanding of the historical origins of American employment law, look no further than the master-servant relationship. ‘Master and servant’ is a legal term ported over from English common law, centuries ago. It is what it sounds like, a term deeply rooted in hierarchical, subservient personal and occupational relationships. Black’s Law Dictionary (6th ed.), an authoritative legal source, defines it this way: The relation of master and servant exists where one person, for pay or other valuable consideration, enters into the service of another and devotes to him his personal labor for an agreed period. The relation exists where the employer has the right to select the employee, the power to remove and discharge him and the right to direct both what work shall be done and the manner in which it shall be done.” https://lnkd.in/ggbWGsBW.

You won't be billed for these 15 min of insights on employment law with David Miklas or Law Office of David Miklas and The Florida CFO Group partner, Phil Nahajewski - and you will want to watch the replay here as these stories are relatable to businesses of all sizes. 🔗 https://lnkd.in/eGWuhBxU Prevention is always an investment. Inexperienced financial leaders tend to see the world in cost. Be strategic - focus more on investments. If you have HR issues, it’s not always a cost. The same is true when working with an experienced employment attorney. Watch the talk to learn more about: 3 Common Mistakes Businesses Make That Lead to Costly Lawsuits 1️⃣ 💼 Neglecting to Consult with an Employment Lawyer: Misclassifying employees as exempt from the Fair Labor Standards Act (FLSA) or as independent contractors can be a legal minefield. 2️⃣ 🤰Rejecting Accommodation Requests: Dismissing requests for accommodations, such as for pregnancy or religious reasons, can land businesses in hot water. A termination of a pregnant employee or failure to provide necessary accommodations can be costly mistakes. 3️⃣ 👨💼Untrained Managers: Often, it's not the HR professionals but the untrained managers who make costly mistakes. Simple, well-meaning conversations can turn into significant legal liabilities if not handled correctly. 💰 A ~$250 phone call can prevent a $150K lawsuit. Handling terminations poorly, even with the best intentions, can lead to claims. For instance, firing a long-time salesperson due to declining performance, while mentioning their age and suggesting retirement activities, resulted in a 5-figure settlement due to perceived age discrimination. ❓❓❓ Always consult with an experienced employment lawyer rather than a general business attorney for employment issues. Wage disputes, for instance, can escalate from a $5K exposure to a $12K settlement due to additional attorney fees and liquidated damages. Business attorneys are generally better suited in negotiations while litigation and settlement situations differ with employment cases. ⌛ ⏳ The billable hour ⌛ ⏳ For David Miklas - it's Value over Time: Focus on the value provided, not just the time spent. Establishing a trusting relationship with your legal advisor without the pressure of hourly billing encourages proactive problem-solving and prevents lawsuits. David offers annual subscriptions and flat fees with built in phone calls to prevent issues before they arise, proactively helping businesses and employees AND eliminating the fear of calling your attorney. This week's CFO Coffee Talk: The Strategic CFO with Barry Katz - Wed at 8:15 AM, June 12 on LinkedIn Live https://lnkd.in/e7HJfVGS Join us as we talk with Barry about his professional journey from a top CPA firm in the Big Apple to becoming an entrepreneur and strategic CFO in Florida.

2024 Employment Law Updates Webinar Thursday, January 25, 2024, 10 a.m. to 11:30 a.m. PT Note: This 90-minute webinar moves at a faster pace than our 3.5-hour seminars held earlier in January. Webinar Description:- California's legislative session in 2023 was quite active as many employment-related bills were signed into law that will have a broad impact on all California businesses in 2024. Join our California Employment Law Experts for specifics on recent California and federal laws, regulations, and court decisions. Topics will include: Webinar Details:- ·        Review of recent updates to California and federal employment laws ·        Presented by top CalChamber Employment Law Experts ·        Ideal for HR professionals, legal/employment law counsel, office managers, business owners or anyone responsible for hiring and staffing ·        Approved for 1.5 HRCI, MCLE, and PDC credits. (See "Additional Information" tab for more information.) ·        Participants can submit questions via Zoom during the webinar Kwon more about webinar please visit:- https://rb.gy/21081z CalChamber #employmentlaw #webinar

Wondering why consulting a California employment attorney is vital for your company? Let's break it down: In the complex landscape of California employment law, an attorney becomes your compass, ensuring compliance, minimizing risks, and fostering a work environment in harmony with legal requirements and industry best practices. While handling certain matters internally is feasible, an employment attorney adds invaluable expertise, navigating intricate laws, and reducing the risk of legal pitfalls or disputes. These legal experts cover a myriad of employment areas, including wage and hour laws, leave policies, workplace safety, discrimination prevention, and compliance with state and federal regulations. The proactive guidance from an employment attorney contributes significantly to risk management by identifying and addressing potential pitfalls, preventing disputes and legal challenges before they arise. Consulting with an employment attorney isn't just about dispute resolution; it's a strategic move to prevent disputes and litigation. Timely legal advice allows for strategic decision-making and effective resolution of employment-related matters. Smaller businesses benefit immensely from tailored advice that considers their unique needs, assisting in creating compliant policies, addressing specific challenges, and ensuring legal compliance without the resources of larger corporations. These legal experts not only create a legally aligned workplace but also draft and implement policies that reflect legal standards and industry best practices. Prioritizing compliance, employee well-being, and a positive work environment, an employment attorney becomes an indispensable ally for businesses. Flexible consultations cater to the unique needs of each employer, offering cost-effective and tailored legal support on an as-needed basis. Regular consultations ensure businesses stay informed about changes in employment laws, update policies, and maintain legal compliance proactively. Ready to empower your business with legal insights and a proactive approach? Contact the Law Office of Catherine Chukwueke for personalized advice and counsel, tailored to your unique needs. 💼✨ #CaliforniaLaw #EmploymentAttorney #ComplianceMatters #LegalInsights #WorkplaceGuidance #BusinessCompliance #HRAdvice #LegalConsultation #CatherineChukwueke #EmployerResources #LegalCompliance #ProactiveApproach #WorkplaceWellbeing https://lnkd.in/gA9n5kbM

At Avisen Legal, we bring decades of experience to help businesses navigate complex employment law matters. Discover how we can support your needs. #EmploymentLaw

The Labor and Employment Law Section of the California Lawyers Association is proud to announce the topic of our first of two successful program submissions for the 2024 California Lawyers Association Solo & Small Firm Summit. Led by Beth Wolf Mora, and supported by Daphne Pierre Bishop, Jachyn Davis, Ireneo A. Reus III, Esq., and Timothy Williams, our Section submitted a relevant and timely program titled "What Solo & Small Firm Attorneys Need to Know Before You Dabble in Employment Law: Insights from Employment Law Practitioners." Given how dynamic labor and employment law is, there's opportunities for attorneys, especially solo and small firm practitioners, who are considering whether to dabble or expand their practice in this area of law. However, the fast-paced, and constant changes in the case law and legislation, as well as other potential traps for the unwary, and other factors to fulfill an attorney's duty of competence should also be considered before an attorney dabbles in labor and employment law. This is also why our Section's program has broad appeal for solo and small firm attorneys, and why our educational programming year-round is a valuable resource for new and experienced attorneys. Stay tuned for more information about the experienced and diverse speakers who will present this program, as well as information on our second successful program submission topic!

🔶 The Jurisdictional Threshold of the Industrial Court: The Essential Criterion of Being a "Workman" 🔶 In the complex web of employment law, one pivotal gateway stands out for aggrieved employees seeking reinstatement: the threshold jurisdiction of the Industrial Court under Section 20(3) of the Industrial Relations Act 1967 (IRA). At the heart of this gateway is the definition of a 'workman' as delineated in Section 2 of the IRA. This critical distinction between 'contract of service' and 'contract for service' determines who can, and cannot, knock on the doors of the Industrial Court. Independent contractors, for instance, fall outside this ambit, highlighting a nuanced yet significant legal boundary. 🔷 Insight from Award No 493 of 2024 🔷 A notable exemplar of these legal principles at play is found in the recent adjudication involving a former Assistant Director of the Industrial Relations Department (IRD). Post-retirement, the individual sought reinstatement as an Advisor—a position allegedly held without formal documentation or a contract for service. The crux of the case lay in the nature of the services provided; characterized by consultation, these services were remunerated on a fee basis, absent any contract of service. The Industrial Court's dismissal of the claim, due to the lack of a demonstrable employer-employee relationship, underscores the indispensability of contractual clarity. 🔷 My Perspective 🔷 The discernment shown by the Court in navigating the contractual terrain—distinguishing between 'contract of service' and 'contract for service'—merits applause. Yet, the adjudication process could further benefit from the prescriptive clarity offered by Section 101C of the Employment Act 1955. This provision, which outlines presumptions regarding the employee-employer relationship, could serve as a guiding beacon in cases shrouded by the absence of written contracts. It emphasizes factors such as control over work, provision of tools, and the integration of work into the business, which collectively suggest an employment relationship. 🔷 Key Takeaways 🔷 ◼ Legal Clarity: Individuals uncertain of their standing under Section 20(1) of the IRA can find solace in Section 101C of the Employment Act 1955, which offers a presumptive framework to ascertain the nature of their employment. ◼ Documentary Precision: The significance of having clear, documented terms of employment cannot be overstated. It not only delineates the rights and obligations of the parties but also serves as pivotal evidence in legal proceedings. 🔶 Conclusion 🔶 The landscape of employment law, with its intricate definitions and thresholds, demands both awareness and preparedness from all stakeholders. #IndustrialRelations #EmploymentLaw #LegalInsights #WorkmanDefinition #IndustrialCourt #ContractOfService #EmploymentRights

In the world of employment law and employee relations choosing the right adviser for the problem you face is crucial. How do you choose your employment law adviser? While many law firms have employment law departments, here is why instructing a self-employed employment law consultant to advise might be your best bet: Fewer Cases: Unlike solicitors working in large/medium size law firms who are without doubt juggling numerous cases and demands, often a self-employed consultant manages a limited caseload. This means your case isn't just another file on a desk; it receives the dedicated attention it deserves. Dedicated Focus: A self-employed solicitor often has a vested interest in the success of each case, as their personal reputation is directly linked to client satisfaction and outcomes. This usually means a higher level of commitment to your case. Super Responsive Service: When legal issues arise, and employment law is usually very reactive, often unexpected, time is of the essence. Self-employed consultants are known for their quick response times, (well I am, see my testimonials). You are not just another file, your query is my priority, and you will communicate only with me. Availability: Self-employed solicitors have more control over their schedules. This often translates to easier, more accommodating appointment scheduling for clients, including meetings outside of standard business hours. No Billing Targets to Meet: Solicitors in large/medium size law firms often have billing targets, stacks of administration (I think the last time I had a legal secretary I was in 2014) which can sometimes lead to less focus on client needs and more on meeting internal goals. As a self-employed consultant, I am free from such targets. Personalised Approach: Every legal issue is unique, and so should be the approach. Self-employed consultants offer a more tailored service, individualised attention can be particularly beneficial in complex or sensitive cases. Quick Decision-Making: Decision-making processes are typically quicker in a smaller, self-run practice. This can mean faster responses to legal developments in your case and more nimble strategy adjustments when necessary. Legal Fees: Self-employed solicitors usually have more leeway in structuring their fees (that is not to say we are cheaper; you pay for what you get (as detailed above)). However, I have the autonomy to offer fixed and capped fees, which can be especially helpful for clients with budget constraints. It's important to note and I fully advocate that the right choice of adviser depends on the specifics of your case and your personal preferences. I would say the key is to choose an employment law adviser whom you feel comfortable working with, simply because I always have and always will believe in the theory that “people buy from people”.

Dear Connections, Litigating employment disputes in the Malaysian Labor Court can be a major challenge for businesses, especially amidst the complicated landscape of employment laws and regulations. As someone who is deeply entrenched in the legal sphere, I would like to shed light on the importance of seeking legal counsel in such matters Why Consider Legal Representation? Employment disputes can cover a wide range of issues, including claims of unfair dismissal, constructive dismissal, disputes over terms and conditions of employment, allegations of unfair labor practices, and more. In these situations, knowledgeable legal counsel can be invaluable in protecting your company's rights and ensuring that you are able to navigate the complexities of the legal process. The Role of a Solicitor A lawyer specializing in employment law can provide crucial support and advice throughout the course of an employment dispute. From conducting case evaluations to advising on legal strategies to representing your company's interests in litigation, a skilled solicitor serves as a trusted ally, working diligently to achieve a fair and just resolution. Key Considerations When selecting a solicitor to represent your company, it's essential to prioritize experience, expertise, and a track record of success in handling employment-related matters. Additionally, ensuring clear communication, transparency, and a thorough understanding of your company's specific needs are paramount in fostering a productive and effective partnership with your legal representative. Empowering Your Company By proactively engaging legal representation, companies can empower themselves to navigate employment disputes with confidence and clarity. By understanding your rights, obligations, and legal options, you can mitigate risks, protect your interests, and work towards resolving disputes in a manner that aligns with your company's values and objectives. Conclusion While employment disputes may present challenges, they also offer opportunities for growth, learning, and the strengthening of organizational resilience. By recognizing the importance of legal representation and leveraging the expertise of qualified solicitors, companies can effectively address disputes, uphold their legal obligations, and cultivate a culture of fairness and integrity in the workplace. Thank you for taking the time to read this informative post. If you have any questions or would like to share your insights on this topic, please feel free to engage in the comments section below.