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

European Union: Working time for workers with no fixed place of work

November 20, 2015 01:05
by Samina Weil
If you employ or plan to employ workers in the European Union who have no habitual or fixed place of work, you should be aware of a recent ruling of the European Court of Justice (“ECJ”). The ECJ determined in September that “working time” for such peripatetic workers includes travel time from home to the first designated customer and back home from the last designated customer. The issue arose in the case of Federacion de Servicios Privados del sindicato Comisiones O...


EU-US Data Transfer Safe Harbor Ruled Invalid

October 7, 2015 06:20
by Nick Beermann (CIPP/US)  & Robert Fallah
In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old data-sharing arrangement known as “Safe Harbor” is invalid. Those unfamiliar with this case, should consider examining our previous posts on this topic here and here. In short, complainant, Austrian Maximillian Schrems, filed a complaint against Facebook with ...

Safe Harbor Judgment to be Delivered October 6th!

October 2, 2015 05:59
by Robert Fallah
Following up on our last post from last week, the Court of Justice of the European Union (CJEU), moving at almost breakneck speed, has announced that it will be deciding the legal status of the US-EU Safe Harbor Framework on or before October 6. Although a decision was not expected for several weeks, the ongoing negotiations between the EU and the U.S. on this issue have very likely sped up the process. The 1995 EU Privacy Directive 94/46/EC, states that the collection of personal data of EU ci...


Basics of Employment Law in Austria: Part I

September 15, 2015 02:43
by Amanda K. Caldwell
Austria, located in the heart of Central Europe, with a population of approximately 8.4 million people, is considered by many to be the ideal place for international employers to do business. It is one of the wealthiest, most politically stable and business friendly countries in Europe with booming markets and transparent laws. It is neighbored by the Czech Republic, Germany, Hungary, Italy, Liechtenstein, Slovakia, Slovenia and Switzerland and has nine (9) independent federal states: Carinthi...



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



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