Cross Border Employer | Fisher & Phillips LLP
News, commentary and legal updates from Fisher & Phillips attorneys
who assist employers with cross border employment matters.

Australia – Examination of the Test to Determine Worker Status: Independent Contractor or Employee?

August 25, 2015 03:08
by Samina Weil
The Full Court of the Federal Court of Australia recently considered whether an agency contractor was an employee or an independent contractor in the case of Tattsbet Limited v. Morrow [2015] FCAFC 62. Overturning the lower court, the Full Court found that a former agency contractor had been engaged as an independent contractor. In reaching its decision, the Full Court applied a multi-factor test to determine the status of the worker, rejecting the entrepreneur test. The worker in question,...



Nigeria: Part II

July 24, 2015 03:28
by Robert Fallah
This article is the second in a series which provides an overview of the basics of employment law in Nigeria and will focus on laws governing employment terminations, including wage and hour, termination, restrictive covenants, and dispute resolution. Terms of Employment Wage and Hour: In general, Nigerian law is quite liberal with regards to the terms and conditions of employment. Some of the benefits and terms of employment such as pension schemes; workers compensation; and holidays will be ...

Non-compete | Employment Terminations | Wage and Hour

Employment Law in Colombia: Part III

July 16, 2015 06:56
by Amanda K. Caldwell
This article is the third in a series which provides an overview of the basics of employment law in Colombia and will focus on laws governing employment terminations, including just cause reasons for terminating the employment relationship, notice requirements and compensation due at the time of termination. I. Termination of the Employment RelationshipA Colombian employment contract can be terminated unilaterally by either the employer or employee or by mutual consent by both parties. When the...



Employment Law in Nigeria: Part I

June 23, 2015 01:54
by Robert Fallah
Nigeria is a federal constitutional republic located on the west coast of Africa. Modern Nigeria has its origins as a British colony through the 19th and 20th century until it achieved independence in 1960. Comprising 36 states and the Capital Territory of Abuja and more than 500 ethic groups, Nigeria is large and diverse country. With a population of more than 174 million (much of which is under 35), and a GDP of more than $500 Billion, Nigeria boasts both the largest population and economy i...



Employment Law in Colombia: Part II

June 8, 2015 03:58
by Amanda K. Caldwell
This article is the second in a series which provides an overview of employment law in Colombia and will focus on laws prohibiting discrimination and harassment in the workplace and remedies available to employees for violations of the law.

Business Travel to Australia with a Criminal Background

May 18, 2015 23:48
by Cynthia J. Yarbrough
2015 marks the 75th anniversary of diplomatic relations between the United States and Australia. In 1940, the two countries established diplomatic relations following the United Kingdom's recognition of Australia's domestic and external autonomy within the British Empire. The United States and Australia continue to maintain a robust partnership. Many US Businesses maintain a strong presence in Australia and sending key personnel into the country is a critical part of continued business operatio...

Australia | Criminal Background | Business Travel

Employment Law in Colombia : Part I

May 8, 2015 01:27
by Amanda K. Caldwell
This article will be the first in a series providing an introduction to employment law in Colombia.


Friendship, Commerce and Navigation Treaties and Title VII

April 22, 2015 03:53
by Amber Elias
On April 15, 2015, former employee Steven Heldt sued Tata Consultancy Services, Ltd. in United States District Court for the Northern District of California for discrimination. Tata is multinational corporation headquartered in Mumbai, India with 19 offices in the United States that provides consulting, technology, and outsourcing services. Heldt alleges that “approximately 95% of Tata’s United States workforce is of South Asian descent” as a result of Tata’s intentiona...

Friendship, Commerce and Navigation Treaties | Title VII

Taking Care of Employees Assigned Abroad

April 20, 2015 00:38
by Danielle Urban
So your company is expanding and, for the first time, and you’ll be sending key employees abroad to work in other markets. While the opportunities for expansion may appear limitless, so is your potential liability for failing to protect your employees from the myriad problems they may face while traveling on business. While some risks may appear obvious, such as the Ebola virus in West Africa, or kidnapping in Syria or fighting in Ukraine, there are other, less obvious risks such as an employee falling in the shower or suffering from a poisonous insect bite. In addition to personal safety risks, your employee could face border hassles or even detention for failing to have the proper travel documents, vaccinations or visas. As an employer, you have a legal and moral duty to protect employees from harm while traveling for business. A little advance planning can help you avoid or mitigate any emergencies that might occur.

Employee Assignments Abroad

Labor Contractors Can Make Dangerous Bedfellows: Part I

April 14, 2015 01:42
by Jaklyn Wrigley
According to many sources, there is a shortage of unskilled workers in the United States that is only projected to worsen, and employers nationwide are feeling the pinch. From hoteliers to seafood processors, manufacturers to contractors, employers are often finding it more and more difficult to fill open positions. As a result, many employers have turned to foreign workers. But, let’s face it – processing visa applications is complex and the penalties associated with the employment of unauthorized workers are too great. Looking for the easiest and most efficient solution, many employers have simply outsourced the hassle.

Independent Contractors | Labor contractors




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