Dr. André Zimmermann LL.M. on Employer Liability Issues

#MeToo in Germany – Employer’s Obligations to Act

(No) Issue in Germany? - The ongoing #metoo discussion certainly has arrived in Germany. However, so far, sexual harassment and misconduct haven’t been a major topic of investigation or revelation in Germany. ...more

4/30/2018 / #MeToo , Employer Liability Issues , Germany , Harassment , Sexual Harassment

Voluntary Leaver Programs in the Context of Restructurings in Germany

Implementation of major restructurings in a time- and cost-effective manner involves a variety of challenges, not only under German employment law. If used correctly and structured in a creative and tailored way, voluntary...more

4/20/2018 / Employer Liability Issues , Germany , Hiring & Firing , International Labor Laws , Severance Agreements

Frankfurt’s Brexit Pitch – Loosened Dismissal Protection for High-Earning Bankers in Germany on the Horizon?

After months of exhausting, on-off negotiations with changing negotiation partners at the table, Angela Merkel’s center-right Christian Democratic Union (CDU/CSU) and the center-left Social Democratic Party (SPD) agreed on a...more

3/30/2018 / Banks , Employer Liability Issues , Germany , Hiring & Firing , Termination

Germany’s 2018 Coalition Deal – Significant Changes for Employers on the Horizon

After months of exhausting, on-off negotiations with changing negotiation partners at the table, on February 7, 2018, Angela Merkel’s center-right Christian Democratic Union (CDU/CSU) and the center-left Social Democratic...more

2/14/2018 / Collective Bargaining Agreements (CBA) , Employer Liability Issues , Fixed-Term Labor Contracts , Germany , International Labor Laws

After the German Election: What’s on the Horizon for Employers under “Jamaica”?

After Germany’s general election, a “Jamaica” alliance could soon rule Germany, being mathematically possible and, after the Social democrats SPD announced their return to opposition, only viable option not involving the...more

10/2/2017 / Collective Bargaining , Collective Bargaining Agreements (CBA) , Employer Liability Issues , Germany , International Labor Laws , Minimum Wage , Wage and Hour

Germany: Employee Monitoring by Keylogger Permitted Only in Exceptional Cases

According to a recent decision of the German Federal Labor Court (Bundesarbeitsgericht – BAG), the use of a keylogger software, which records all keyboard entries on a workplace computer for covert monitoring and control of...more

8/8/2017 / Data Protection , Employer Liability Issues , Germany , Right to Privacy

Germany – New Developments in Maternity Protection

Recently, the German Federal Cabinet approved the draft law submitted by the Federal Family Ministry providing for new regulations on maternity protection. Multinational companies with employees in Germany should be aware of...more

5/16/2016 / Employer Liability Issues , Germany , Pregnancy , Wage and Hour

Germany – Premium Paid by Employer for Leaving Trade Union is Unlawful

Powerful trade unions often are a thorn in the side of employers. But if a company tries to reduce the trade unions’ influence, it may violate the freedom of association under Article 9 section 3 of the German Constitution...more

4/29/2016 / Employee Rights , Employer Liability Issues , Freedom of Association , Germany , Multinationals , Preliminary Injunctions , Trade Unions , Union Membership

Proposed German Equal Pay Act May Complicate Remuneration Issues

Statistics reveal a difference of 7 percent between the remuneration paid to men and that paid to women with the same qualifications in Germany. The average hourly wage even shows a difference of 22 percent, making pay...more

4/29/2016 / Employer Liability Issues , Equal Pay , Equal Pay Act , EU , Gender-Based Pay Discrimination , Germany , Pay Transparency , Pending Legislation , Remuneration , Wage and Hour

Dr. André Zimmermann LL.M.

Orrick, Herrington & Sutcliffe LLP

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