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The EU AI Act: What Employers Should Know

This update is part of our EU AI Act Series. Learn more about the EU AI Act here. Employers in the European Union face new compliance obligations under the EU AI Act, a new set of rules that regulates the use of artificial...more

The EU AI Act: What Employers Need to Know

The EU AI Act is a new set of rules that regulates the use of AI in the EU. It is the first of its kind in the world and aims to balance the protection of human rights and the promotion of innovation. The Act applies to...more

The EU Pay Transparency Directive - What Employers Need to Know

With the aim of ensuring equal pay for equal work or work of equal value, the European Pay Transparency Directive (Directive (EU) 2023/970, the "Directive") came into force on June 6, 2023. The Directive provides for even...more

German Whistleblower Protection Law Brings New Obligations for Companies - What Employers Need to Know Now

With a delay of almost one and a half years, the German legislator has implemented the so-called Whistleblower Directive (Directive (EU) 2019/1937) into German law: In mid-December 2022, the German Bundestag had passed the...more

Orrick's 101 - Employers' Essentials 2022 Edition

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

Orrick’s 101 – Employment Law in Germany NEW: Q&A on Reference Letters

Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more

Orrick’s 101 – Employment Law in Germany: Legal Q&A I Labor Court Proceedings

Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

Orrick’s 101 – Employment Law in Germany - New: Employers’ Essentials (2021 Edition)

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

Legal Q&A | The Many Pitfalls Of Using Contractors

This Legal Q&A two pager gives an overview of the potential problems of using contractors and freelancers in Germany, in particular the risk of misclassification. Incorrectly classifying an employee as a contractor can have...more

COVID-19 – European OSHA Gives Guidance on Returning to Work

When starting to take steps to return to a new normal where business continues, even as outbreaks may flare up, employee health and safety certainly are top of mind. Since many EU member states are loosening up COVID-19...more

Orrick's 101- Legal Q&A | Termination Of Employment

In Germany, employees enjoy rather strong protection against termination of employment. Additionally, there are some form requirements employers must observe. This Q&A two pager gives a basic overview of the termination...more

New EU Directive on Transparent and Predictable Working Conditions Will Give Gig Workers More Rights

On June 13, 2019, the Council of the European Union (EU) adopted the European Parliaments proposal for a Transparent and Predictable Working Conditions Directive – a direct follow-up to the proclamation of the European Pillar...more

European Court of Justice: Employers Obligated to Systematically Record Working Time

According to a recent decisions of the European Court of Justice (ECJ) (May 14, 2019 – C-55/18), the Member States of the EU must oblige employers to systematically record the working time of their employees. Only in this way...more

Federal Labor Court: No More Automatic Forfeiture of Vacation Entitlements in Germany

Very recently, the European Court of Justice (ECJ) held that an automatic forfeiture of vacation entitlements or vacation compensation entitlements without prior notification of the employee contravenes EU law. ...more

A New Month, A New Compliance Deadline In The European Union: What Businesses Need To Know About The EU Trade Secrets Directive

Just days after the European Union’s widely-discussed new data privacy regulations, the General Data Protection Regulation (“GDPR”), took effect on May 25, 2018, another EU-wide legal change quietly occurred.  ...more

EU Plans on Whistleblower Protection

According to a survey by a national German newspaper, a large proportion of German whistleblowers are facing labor law and even health problems in connection with whistleblowing. 13 out of 20 whistleblowers subsequently lost...more

Be Prepared: Update on EU Employment Data Privacy Laws

Global companies face stricter rules on employee data privacy, in particular when using social media and internal monitoring tools. It also now becomes clearer that many EU Member States will use the opening clause of Art. 88...more

ECJ: No Discrimination Claims for Mock Applicants in Europe

Just in time for the 10th anniversary of the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG) the European Court of Justice (ECJ) has clarified that European anti-discrimination law does not...more

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

Setback for EU-US Privacy Shield – How to Safely Get HR Data Across the Pond

After the Court of Justice of the European Union declared the EU-U.S. Safe Harbor Framework invalid in October 2015, multinational companies with employees in the EU are facing the question how to legally transfer personal...more

Recent Changes to EU Employee Data Protection – Two Years to Comply with New Requirements

Employee Data Protection in the EU is subject to major changes, notable to multinational companies with employees in the EU. A few days ago, after 4 years of negotiation, the European Parliament adopted the General Data...more

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