United States: Judge Begs Higher Courts To Clarify Exempt Status

Determining whether employees are exempt from overtime requirements under California law is more difficult than determining their status under federal law. Under federal law, exempt status depends on an employee’s primary duty and the time spent performing that duty is not dispositive. But California uses a “primarily engaged” test where how the employees spend their time is entirely dispositive. So the question becomes whether the employees spend more than half their time performing duties […]

By | November 14th, 2014 ||

Canada: Case Brief: On Punitive And Mental Distress Damages For Harassment

In 2012, we reported on an Ontario jury award of approximately $1.5 million damages to a 42-year-old former assistant manager who resigned her employment at Wal-Mart after being verbally abused and harassed by her 32-year-old store manager. At trial, the employee was found entitled to $200,000 for intentional infliction of mental suffering, $1 million in punitive damages and $10,000 for assault. The manager was ordered to pay $100,000 for intentional infliction of mental suffering […]

By | November 14th, 2014 ||

Ireland: Pensions Update – Autumn 2014

BUDGET 2015

The Minister for Finance confirmed in his budget speech that the 0.6% Pension Levy will not apply beyond the end of 2014. The additional 0.15% pension levy introduced for 2014 and 2015 will expire as provided in legislation at the end of 2015.

It has been estimated that €2.3 billion has been paid in levies by pension schemes since 2011.

The ending of the pension levies is an opportunity for trustees and employees, who have […]

By | November 13th, 2014 ||