United States: Court Dismisses EEOC's Controversial Lawsuit Challenging Standard Provisions In Separation Agreements

Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully restricted the rights of these employees under Title VII to file charges of discrimination with the EEOC and to cooperate in EEOC investigations. Aswe noted in response to the concern that many employers shared regarding the attack on standard separation […]

By | September 26th, 2014 ||

United States: Like a Bad Penny, Discharged AT&T Employee Turns Up Years Later Despite No-Rehire Agreement; New Jersey Appellate Court Affirms $35K Judgment Against Her

The inclusion of a “no-rehire” provision in separation agreement is fairly commonplace. Likewise, a damages provision (including liquidated damages and attorneys’ fees) in the event of a breach by the former employee are routinely included as well. In practice however, what happens when a terminated employee tests the limits of a no-rehire provision to which she agreed? Exhibit A is Schiavi v. AT&T Corp., decided in August by a New Jersey appellate court.
Background
AT&T terminated […]

By | September 25th, 2014 ||

India's Social Security Schemes For Employees Amended: Wage Ceiling Increased

Wage ceiling for mandatory subscription and contribution for employees’ provident fund, pension fund and insurance increased from INR 6,500 to INR 15,000 per month.
A minimum monthly pension of INR 1000 has been prescribed.
The amendments have taken effect from September 1, 2014.

INTRODUCTION
The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (“EPF Act”) is India’s most important social security legislation for employees. The scope and benefits under the schemes framed under the EPF Act have been […]

By | September 25th, 2014 ||