Employment – Ocupario http://ocupario.org/ Mon, 20 Jun 2022 09:30:32 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://ocupario.org/wp-content/uploads/2021/07/icon-3-150x150.png Employment – Ocupario http://ocupario.org/ 32 32 The evolution of the employment system in 2022 https://ocupario.org/the-evolution-of-the-employment-system-in-2022/ Mon, 20 Jun 2022 09:30:32 +0000 https://ocupario.org/the-evolution-of-the-employment-system-in-2022/ On May 25, the government closed the discussion on the so-called “decent work agenda”. The diploma will be approved in June by the Council of Ministers. These are some of the 70 measures that appear in the final document. FIGHT AGAINST PRECARITY: – Reinforcement of the rules of succession of contracts for the use of […]]]>

On May 25, the government closed the discussion on the so-called “decent work agenda”.

The diploma will be approved in June by the Council of Ministers. These are some of the 70 measures that appear in the final document.

FIGHT AGAINST PRECARITY:

– Reinforcement of the rules of succession of contracts for the use of temporary work;

– In the event of signature or renewal of a contract of use with an unapproved temporary employment company (ETT), the integration takes place under a permanent contract, with the user company;

– Obligation to conclude a contract of indefinite duration between ETT and the employee whenever the latter has been seconded, under successive contracts with different users, for more than four years;

– Stricter rules for the renewal of temporary employment contracts, setting a limit of four renewals.

STRENGTHENING OF THE REGULATION OF OPERATORS IN THE TEMPORARY WORK SECTOR

– Obligation for a percentage of workers in temporary employment companies to have more stable contracts;

– More control and strictness in the requirements for granting and maintaining licenses for temporary employment companies;

– Ancillary sanction of prohibition of activity for partners, managers, administrators and other members of corporate bodies of companies (ETT, private investment companies) convicted in the exercise of their activity.

STRENGTHEN THE FIGHT AGAINST FALSE SELF-EMPLOYMENT

– Application of the special action for the recognition of the existence of an employment contract to situations in which the service provider acts as an individual entrepreneur;

– Extension to individual entrepreneurs, in the event of economic dependence on a company, of the application of a contribution rate to the company receiving benefits.

DISCOURAGE THE RESOURCE FROM NON-PERMANENT WORK

– Reinforcement of the rules concerning the succession of fixed-term contracts, namely preventing the new admission or assignment of a worker by means of a contract (fixed-term, temporary or for the provision of services) whose execution takes place , in the same job, for the same purpose or in the same professional activity;

– Definition of criteria for stability of obligations on procedures relating to concession contracts by the State and other public entities;

– Temporarily prevent the subcontracting of subcontracting services to satisfy the needs provided by workers whose employment has been covered by collective dismissal and termination of employment;

– Extension of compensation to 24 days per year in the event of termination of a fixed-term employment contract (certain or uncertain).

PREVENT THE RISKS AND ABUSE RELATED TO THE TRIAL PERIOD

– The application of the extended trial period for young people is limited to those who have not previously had a fixed-term contract of a duration equal to or greater than 90 days, even with another employer;

– The notice period for terminating the contract during the trial period, after more than 120 days have elapsed, it becomes 30 days;

– Compulsory obligation to communicate to the ACT, within 15 days, of the termination of the contract during the trial period;

STRENGTHEN THE FIGHT AGAINST UNDECLARED WORK

– Reinforcement of the sanction framework for totally undeclared work, in particular by criminalizing the use of this work;

– Reinforcement of the ancillary sanction in order to sanction all companies found guilty of situations related to undeclared work, in particular by introducing weighting factors in access to public markets, public aid and active employment policies;

– Obligation to register, on a weekly basis, workers assigned or placed by other companies on farms and construction sites;

– Simplification of procedures to facilitate the movement/transfer between countries of workers from the same company or the same group of companies, provided that they are linked to the company or the group of companies by a labor contract. permanent work.

PROMOTING THE BALANCE BETWEEN PROFESSIONAL, PERSONAL AND FAMILY LIFE

– Express authorization for workers with children under the age of 6 or disabled or chronically ill children, regardless of their age, to apply arrangements for adapting working hours and banks of hours;

– Extension to workers with children under the age of eight or children with a disability or chronic illness of the right to work remotely, subject to a breakdown between men and women and when this is compatible with the functions.

STRENGTHENING PROTECTION AT WORK FOR INFORMAL CAREGIVERS

– Carer’s permit as an annual fee;

– Extension of the right to be absent from work for 15 days, without loss of rights, except remuneration, to non-main caregivers whose status has been recognized (up to the 4th degree of relationship);

– Widening access to flexible working arrangements for carers, namely teleworking, flexible working hours and/or part-time;

– Introduction of guarantees for the carer.

PROMOTING ADMINISTRATIVE SIMPLIFICATION

– Automatic communication of the hiring of foreign workers by Social Security to the Authority for Working Conditions (ACT);

– Single communication of admission of workers to Social Security and workers’ compensation funds.

By Dr. Eduardo Serra Jorge
|| features@algarveresident.com

Dr. Eduardo Serra Jorge is a founding member, senior partner and CEO of the law firm Eduardo Serra Jorge & Maria José Garcia – Sociedade de Advogados, RL, established in 1987.
In his column, he discusses legal issues concerning foreign residents in Portugal.
Faro office in Gaveto das Ruas Pedro Nunes e José de Matos, 5 R/C
289 829 326

www.esjmjgadvogados.com

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Enugu lawmakers want employment embargo on IMT lifted https://ocupario.org/enugu-lawmakers-want-employment-embargo-on-imt-lifted/ Sat, 18 Jun 2022 06:39:50 +0000 https://ocupario.org/enugu-lawmakers-want-employment-embargo-on-imt-lifted/ The Enugu House of Assembly has called on the state executive to lift the embargo it had imposed on employment in Institute of Management and Technology (IMT), Enugu. Chairman of the House Education Committee, James Akadu, made the request in Enugu on Friday during the committee’s oversight function at IMT. Mr. Akadu said lifting the […]]]>

The Enugu House of Assembly has called on the state executive to lift the embargo it had imposed on employment in Institute of Management and Technology (IMT), Enugu.

Chairman of the House Education Committee, James Akadu, made the request in Enugu on Friday during the committee’s oversight function at IMT.

Mr. Akadu said lifting the embargo would enable the institute to recruit qualified lecturers.

He denounced the number of casual workers at IMT, which he said was around 200.

IMT’s casual workers outnumbered permanent workers, he said.

Mr. Akadu said: “The development is not only unhealthy but also affects the institution negatively.”

The chairman of the committee urged the institution to increase its internally generated revenue so that it can increase the monthly stipends from the state government.

A committee member, Chima Obieze, urged the institution’s management to work on run-down hostels to encourage students to live on campus.

Mr Obieze said: ‘The institution should not be concerned with increasing accommodation costs but should make hostels student-friendly.


ALSO READ: Enugu government warns against illegal tree felling and dumping of waste in waterways


“This is one of the reasons why students are unwilling to live in hostels.”

In response, IMT Rector Austin Nweze said the institution had raised tuition fees for freshmen from N40,000 to N75,000 to enable it to meet its financial obligations.

“The challenges facing the institution are enormous. However, my administration is tackling these challenges head-on.

“So I am asking for your help to move the institution forward,” said Professor Nweze.

(NOPE)


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Nevada adds jobs in May; Manufacturing Employment in Reno Area Reaches 30,000 | Carson City Nevada News https://ocupario.org/nevada-adds-jobs-in-may-manufacturing-employment-in-reno-area-reaches-30000-carson-city-nevada-news/ Thu, 16 Jun 2022 17:29:15 +0000 https://ocupario.org/nevada-adds-jobs-in-may-manufacturing-employment-in-reno-area-reaches-30000-carson-city-nevada-news/ Nevada added 2,600 jobs in May, according to the latest numbers from the state Department of Employment, Training and Rehabilitation’s monthly economic report. Statewide employment has increased by 96,300 since May 2021, an annual increase of 7.1%. The total employment level in the state is 1,446,600. The state’s unemployment rate in May is 4.9%, down […]]]>

Nevada added 2,600 jobs in May, according to the latest numbers from the state Department of Employment, Training and Rehabilitation’s monthly economic report.

Statewide employment has increased by 96,300 since May 2021, an annual increase of 7.1%. The total employment level in the state is 1,446,600. The state’s unemployment rate in May is 4.9%, down 0.1 percentage points from 5.0% in April and down 2.9 percentage points from May 2021.

“I’m glad to see that people in Nevada continue to find work and that the employment numbers reflect a growing diversity of businesses in the state. We remain committed to helping Nevada workers and employers connect to continue building a more resilient state,” Governor Steve Sisolak said.

Employment in the Metropolitan Statistical Area (MSA) (seasonally adjusted data):

– Employment in Carson City has seen a decline of 200 jobs (-0.6%) since April and an increase of 1,100 jobs (3.6%) since May 2021.

– Employment in Reno recorded an increase of 800 jobs (0.3%) since April and an increase of 10,300 jobs (4.2%) since May 2021.

– Employment in Las Vegas has increased by 4,800 jobs (0.5%) since April and by 86,100 jobs (8.9%) since May 2021.

“This report reflects Nevada’s ongoing transition from recovery mode to economic expansion. Most industries in the state and metro areas now have more jobs than before the pandemic,” said David Schmidt, chief economist. “For the first time, manufacturing employment in the Reno area reached 30,000 jobs, up more than 14%. compared to before the pandemic. The unemployment rate fell slightly and the share of the population working or looking for work rose slightly to 60%. »

To view additional labor market data, see the Department’s Employment and Unemployment Dashboards located at nevadaworkforce.com.

See the report below.

May 2022 Statewide and Metro Nevada Employment Report by now on Scribd

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Number of people employed up by 4.3% https://ocupario.org/number-of-people-employed-up-by-4-3/ Tue, 14 Jun 2022 10:04:00 +0000 https://ocupario.org/number-of-people-employed-up-by-4-3/ The number of people in employment in the first quarter of the year stood at 274,493, up 4.3% from the same period a year ago, according to the National Statistics Office. During the first quarter, the number of people in employment represented 61.2% of the population aged 15 and over. The unemployed numbered 9,090 (2%) […]]]>

The number of people in employment in the first quarter of the year stood at 274,493, up 4.3% from the same period a year ago, according to the National Statistics Office.

During the first quarter, the number of people in employment represented 61.2% of the population aged 15 and over.

The unemployed numbered 9,090 (2%) while the inactive totaled 164,677 (36.7%). The activity rate for the quarter under review is estimated at 78.7% with the highest rate recorded among people aged 25 to 54 (90.1%).

The employed population

On average, out of 100 people between the ages of 15 and 64, 76 had a job. The employment rate of men for this age group was 81.8% while that of women was 69.6%. The highest proportion of employed people was recorded among people aged 25 to 34, for both men and women.

The self-employed represented 15% of all persons exercising a main activity. The majority of those employed worked full time and numbered 241,349.

Another 33,144 people had a part-time job as their main job. The results show that, on average, full-time workers usually worked 40.6 hours while part-time workers worked 21.8 hours per week.

In the first quarter of 2022, people in employment worked 35.1 hours per week, or 1.4 hours more compared to the previous year.

The average monthly base salary of employees for the first quarter of 2022 has been estimated at €1,706.

The highest base salary was recorded in the financial and insurance activities sector.

The unemployed and inactive population

The unemployment rate for the first quarter of 2022 was 3.2%. The highest proportion of unemployed was recorded among people aged 25-74. Women accounted for 58.4% of the total number of inactive people and people over 65 made up the highest share of inactive people.

More than 40% were inactive because they had reached retirement age or were taking early retirement.

Nearly 45% of people aged 15 and over had attained a low level of education. On the other hand, 34.2% of employed workers had a tertiary level of education.

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MichiganWorks! opposes changes to the Wegner-Peyser Act, Employment Services Act, and Workforce Investment https://ocupario.org/michiganworks-opposes-changes-to-the-wegner-peyser-act-employment-services-act-and-workforce-investment/ Sun, 12 Jun 2022 17:38:45 +0000 https://ocupario.org/michiganworks-opposes-changes-to-the-wegner-peyser-act-employment-services-act-and-workforce-investment/ BIG RAPIDS – MichiganWorks! West Central opposes potential changes to the Wegner-Peyser law that could impact their ability to help customers, according to Jonathan Eppley, head of communications and marketing. Eppley sought approval from the Big Rapids City Commission of a resolution opposing the proposed changes at a meeting of commissioners this week. “Currently in […]]]>

BIG RAPIDS – MichiganWorks! West Central opposes potential changes to the Wegner-Peyser law that could impact their ability to help customers, according to Jonathan Eppley, head of communications and marketing.

Eppley sought approval from the Big Rapids City Commission of a resolution opposing the proposed changes at a meeting of commissioners this week.

“Currently in the State of Michigan, MichiganWorks! operates a “one-stop model” so that all frontline staff are cross-trained so that everyone who walks through the door is met immediately and assisted as quickly as possible,” Eppley said. ‘The proposed rules want to change this so that the frontline staff member handling reception greets the person and sets up an appointment, which essentially reduces our customer service.’

He said the thing that causes MichiganWorks! agencies across the state to oppose the changes is the number of employees that will be cut — potentially 75% of workers.


The resolution says the U.S. Department of Labor has issued notice of the proposed change, which would require states, without exception, to use state merit personnel to provide employment services under the Wegner-Peyser Act. , reversing the current federal policy that allows states flexibility in personnel.

With the required staffing model, reductions in staff and services are inevitable as services are currently provided by more than 400 workers statewide, which could be reduced to 100, resulting in downtime. Considerably longer waits for job seekers and service delays for businesses, it said.

“With nearly 100 MichiganWorks! service centers across the state, this will represent a significant reduction in the number of people,” Eppley said. “It will not allow us to do our job effectively. Large centers that serve more clients are going to need more staff, which means that the six counties we manage in the West Central District will not have enough staff to staff every center.

He went on to explain that with the reduction in staff, they may have to adjust their schedules depending on where they meet the public one day a week in each center.

“Mark Gifford (City Manager) polled the commission, and we’re all in favor of MichiganWorks! be as efficient as possible,” said Mayor Fred Guenther. “If you look, as soon as someone walks through the door, there’s someone with them right away doing their thing. Now they want to put another person in the middle and make it less efficient and less user-friendly.”

Eppley said MichiganWorks! agencies across the state oppose the changes to the law.

“We are asking for the support of local elected councils and business partners we work with to pass resolutions against these changes,” he said. “The comment period for this is open for a few more weeks, so we’re trying to get as much support as possible to oppose these changes.”

“The City of Big Rapids Commission urges USDOL to drop this proposed rule change; urges Governor Gretchen Whitmer and the Michigan congressional delegation to support local control by Workforce Development Councils and oppose this rule; and urges Whitmer to advise the USDOL Secretary that doing so would negatively impact Michigan’s “one-stop” workforce development system,” the resolution reads.

The resolution was approved unanimously.

The Wagner-Peyser Act of 1933 established a national system of public employment offices, known as the Employment Service. The Employment Service seeks to improve the functioning of the country’s labor markets by connecting people seeking employment with employers seeking workers.

The Wagner-Peyser Act was amended in 1998 to incorporate the employment service into the one-stop delivery system under the Workforce Investment Act to improve service delivery, avoid duplication of services and strengthen service coordination, including staff location to ensure statewide access to services in underserved areas.

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New Iowa Law Will Impact Healthcare Staffing Agencies and Contracts with Healthcare Entities | Dorsey & Whitney LLP https://ocupario.org/new-iowa-law-will-impact-healthcare-staffing-agencies-and-contracts-with-healthcare-entities-dorsey-whitney-llp/ Fri, 10 Jun 2022 16:42:05 +0000 https://ocupario.org/new-iowa-law-will-impact-healthcare-staffing-agencies-and-contracts-with-healthcare-entities-dorsey-whitney-llp/ On March 17, 2022, Iowa Governor Kim Reynolds signed the law House file 2521, “Relating to Health Care Employment Agencies, and Provideing Penalties”, which will find its place in Chapter 135Q of the Iowa Code. In general, the law does three things. First, it requires healthcare placement agencies to register with the state’s Department of […]]]>

On March 17, 2022, Iowa Governor Kim Reynolds signed the law House file 2521, “Relating to Health Care Employment Agencies, and Provideing Penalties”, which will find its place in Chapter 135Q of the Iowa Code. In general, the law does three things. First, it requires healthcare placement agencies to register with the state’s Department of Inspections and Appeals (DIA) annually and pay a $500 registration fee. Second, it details record keeping and other requirements related to agency employees, and prohibits the inclusion of certain conditions in contracts with healthcare entities. Third, it imposes penalties for non-compliance.

The law widely defines a “health care placement agency” as “an agency that contracts with a health care entity in this state to provide agency workers for the purpose of temporary hire, direct hire, or other contracts or placements of employees”. Similarly, a “health care entity” is defined as “a licensed or certified facility, organization or agency operated to provide services and supports to meet the health or personal care needs of consumers”.

Under the new law, healthcare placement agencies must:

  • Register each health care employment agency location on an annual basis with the DIA and pay a $500 registration fee;
  • Ensure that agency workers comply with all applicable requirements relating to health requirements and staff qualifications in healthcare facilities (ie.
  • Maintain records for each agency worker and report, file, or otherwise provide any required documentation to external parties or regulatory agencies that would otherwise be the responsibility of the healthcare entity if the agency worker were working directly for the healthcare entity;
  • Maintain professional and general liability insurance coverage with a minimum coverage per occurrence of $1 million and an aggregate coverage of $3 million to protect against loss, damage or expense related to a claim resulting from death or injury resulting from the negligence or malpractice of the healthcare placement agency or temporary worker; and
  • Submit quarterly financial reports to the DIA regarding amounts billed to healthcare entities.

As previously discussed, CMS’s interim final rule requiring staff to be vaccinated against COVID-19 extends to agency employees who are not directly employed by Medicare or Medicaid providers and providers (“covered health care employers”). House File 2521 appears to codify such a vaccination requirement by requiring healthcare placement agencies to ensure that agency workers comply with all applicable requirements relating to healthcare entity personnel health requirements. and document this compliance.

Also under the new law, health care placement agencies are prohibited to impose restrictions on “a temporary worker’s employment opportunities by including a non-competition clause in any contract with a temporary worker or healthcare entity”. Additionally, contracts between agencies and healthcare entities may not “require the payment of liquidated damages, employment fees, or other compensation if the agency worker is subsequently hired as an employee. of the health care entity”. In other words, healthcare placement agencies cannot require their employees to sign non-competition agreements as a condition of employment, and healthcare placement agencies cannot require healthcare entities that they pay any “finder’s fee” to hire an agency directly. employee. All contracts that violate the new Iowa Code Section 135Q are inapplicable.

Several questions remained immediately after Governor Reynolds signed House File 2521, particularly regarding its scope. On May 24, 2022, the Iowa Legislature attempted to answer one of these questions in Home file 2589 clarifying that Iowa Code Section 135Q applies retroactively to any contract concluded on or after January 1, 2019. Although Governor Reynolds has not yet signed Docket 2589, his signature is expected.

From a legal standpoint, we probably haven’t heard the end of Iowa Code Chapter 135Q and House File 2589. penalty periods and other details.

For now, Iowa Code Chapter 135Q is effective July 1, 2022. At this point, any contract between healthcare employment agencies and healthcare entities, entered into on January 1, 2019 or later, which contains any of the prohibited provisions described above, are unenforceable. From a practical standpoint, this means that healthcare entities would have to renegotiate their contracts with healthcare placement agencies. We recommend that in addition to ensuring compliance with Iowa Code Chapter 135Q, healthcare entities ensure that renegotiated contracts include language requiring agency compliance with the interim final rule. of the CMS requiring the vaccination of staff against COVID-19.

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10th Circuit rules against Arvada Religious School in employment discrimination appeal | Content reserved for subscribers https://ocupario.org/10th-circuit-rules-against-arvada-religious-school-in-employment-discrimination-appeal-content-reserved-for-subscribers/ Thu, 09 Jun 2022 01:00:00 +0000 https://ocupario.org/10th-circuit-rules-against-arvada-religious-school-in-employment-discrimination-appeal-content-reserved-for-subscribers/ The Denver-based federal appeals court rejected an Arvada church’s argument that religious institutions are entitled to immunity from prosecution for certain employment-related retaliation cases. In a first-of-its-kind decision from the United States Court of Appeals for the 10th Circuit, a panel of judges ruled, 2-to-1, that they lacked the capacity to rule on Faith Bible’s […]]]>

The Denver-based federal appeals court rejected an Arvada church’s argument that religious institutions are entitled to immunity from prosecution for certain employment-related retaliation cases.

In a first-of-its-kind decision from the United States Court of Appeals for the 10th Circuit, a panel of judges ruled, 2-to-1, that they lacked the capacity to rule on Faith Bible’s appeal Chapel International involving “ministerial exception” to anti-discrimination laws. The effect of the ruling is to allow Gregory Tucker’s lawsuit to continue against his former employer, Faith Bible, and his religious school, Faith Christian Academy.

Tucker’s defenders hailed the ruling on Tuesday, calling it a necessary pushback on the practice of religious employers labeling their workers as religious leaders to avoid liability for employment discrimination.

“This reduction in our key civil rights protections cannot continue. This is a very big problem,” said Sunu P. Chandy, legal director of the National Women’s Law Center, who filed a brief supporting Tucker on behalf of about three dozen civil and legal rights groups.

Lawyers for Faith Bible did not rule out an appeal to the U.S. Supreme Court and called the legal protections of the church’s decision to end Tucker “very strong.”

Federal judge finds Calhan officials likely engaged in ‘some wrongdoing,’ but no federal violations

“The Supreme Court has repeatedly ruled that courts should not question a religious school’s decision about who teaches religion to its students,” said attorney Daniel H. Blomberg of the Becket Fund for Religious Liberty. “Today’s opinion also appears sharply at odds with rulings by other federal appeals courts and state supreme courts. We are reviewing the decision and will plan next steps in consultation with Faith Bible Chapel.”

Although Faith Bible’s appeal focused primarily on issues of legal process, central to the case is whether Tucker could sue the church and its religious school for retaliation, or whether the institutions are protected. by legal doctrine protecting personal decisions of a religious nature from government interference. The ministerial exception, as it is called, prevents civil liability under employment discrimination laws for employees in the “minister” category.

A key question for the 10th Circuit was whether the ministerial exception is simply a defense that a religious institution can invoke to justify its actions, or whether it functions as a qualified immunity for government employees. Faith Bible insisted the latter is true, and the 10th Circuit needed to rule that Tucker met the criteria for a minister in order to end the trial entirely.

“We reject this argument because Faith Christian is wrong to say that the ‘ministerial exception’ immunizes a religious employer from suits for employment discrimination,” Senior Judge David M. Ebel wrote. in the majority opinion of 7 June.

According to his lawsuit, Tucker worked for Faith Christian Academy for 14 years between 2000 and 2018, teaching science classes as well as world religions. None of his classes would have involved teaching the Bible. In 2014, the high school named him director of student life, involving the organization of weekly “chapel” meetings, which he referred to as school assemblies.

Court allows ‘Kansas Two Step’ case to move forward

Apparently Tucker, who is white, observed racism among the student body. He learned of comments calling Tucker a “father (N-word)”, in reference to his black adopted daughter. In January 2018, Tucker hosted a symposium titled “Race and Faith.” Although he received supportive comments for the anti-racism event before and immediately after, some students and parents reportedly complained later.

The school relieved Tucker of his duties and title of principal, then fired him soon after.

Tucker sued Faith Bible, alleging a violation of Title VII, the federal civil rights law that prohibits employment discrimination based on race, gender and other protected characteristics. The church invoked the ministerial exception and pointed to several pieces of evidence that Tucker was a religious leader: He had an agreement with the school in which his title was “chaplain.” He introduced himself as a chaplain. The teacher’s manual stated that teachers “join this ministry, not as employees, but as ministers.”

Tucker presented evidence to the contrary suggesting he was not a minister, including a conversation he had with the school superintendent where he allegedly asked if he qualified for a tax deduction offered to ministers. The superintendent replied that Tucker was not a minister.

In May 2020, Senior United States District Court Judge R. Brooke Jackson considered whether to grant summary judgment to Faith Bible. Summary judgment allows a judge to decide the case solely on the basis of the law if there is no dispute about the relevant facts. Jackson decided he could not end the case in favor of the church because Tucker’s status was unclear.

“The defendant’s position is essentially based on the wording of the documents, including the extension agreement which characterizes Mr. Tucker as ‘chaplain’ and the manual which purports to make all teachers and other full-time employees ‘ministers'” , Jackson wrote. “But the substance of Mr. Tucker’s position depends on the totality of the facts and circumstances of his employment, and he presented facts which, if believed by the jury, could rationally support the opposite conclusion.”

Faith Bible has filed an interlocutory, or interim, appeal with the 10th Circuit. In addition to arguing that Jackson wrongly decided the Tucker status issue, Faith Bible also had to overcome a procedural hurdle. He had to justify why the 10th Circuit should deviate from its usual practice and rule on the interlocutory appeal, given that Jackson’s order was not a final decision ending the case.

The church has attempted to sway the 10th Circuit by suggesting that the ministerial exception, which insulates religious institutions from government interference under the First Amendment, is akin to qualified immunity, a concept available exclusively to government actors. Qualified immunity blocks civil liability claims against police and other public officials, except for violation of a clearly established legal right. Lower court rulings on qualified immunity fall into the category of acceptable interlocutory appeals.

In oral argument last year, the 10th Circuit panel was skeptical of the legal comparison between ministerial exception and qualified immunity.

“The Supreme Court told us not to expand the concept of an interlocutory appeal,” said Justice Carolyn B. McHugh. She added that qualified immunity exists to prevent civil suits from interfering with government operations and deterring people from taking public sector jobs out of fear. of responsibility.

“It’s a very different situation,” McHugh said.

Several outside organizations have submitted briefs to the 10th Circuit. Tucker’s supporters argued that if the court granted the ministerial exception for Faith Bible, it would incentivize religious institutions to categorize every employee as a religious leader. In this scenario, people of color, LGBTQ employees and workers with disabilities would have little recourse for violations of their civil rights, the groups argued.

Faith Bible has also received support from several religious institutions and constitutional law scholars, who have highlighted the need for faith-based organizations to hire and fire workers based on the requirements of specific religious doctrines.

State Supreme Court says censored judge’s admission of bias does not warrant overturning ruling

“Without the protection of immunity, religious schools are forced to make choices with no acceptable outcome: retain religiously antagonistic staff to avoid the cost of litigation, or preserve religious identity but risk putting the school in bankruptcy with legal fees,” attorney Christian Poland wrote on behalf of the Association of Christian Schools International and the Colorado Catholic Conference.

Ebel, writing for himself and McHugh in the majority opinion, rejected Faith Bible’s two procedural arguments, finding that an interlocutory appeal was neither appropriate in the case nor that the ministerial exception offered the immunity from prosecution.

“Furthermore, the reason the Supreme Court allows immediate appeals against the denial of qualified immunity is to protect, not individual government officials, but rather the public interest in a functioning government,” wrote Ebel. “This public interest is not present when a private religious employer seeks to avoid Title VII liability for employment discrimination claims.”

He added that, notwithstanding the ministerial exception, religious employers are not largely immune from civil rights laws and that to hold otherwise “would place a religious employer above the law.”

Justice Robert E. Bacharach, writing in dissent, found that the ministerial exception actually acted to block employment discrimination suits involving religious leaders. He chose to reassess whether Tucker was a minister under law using criteria established by the Supreme Court, including Tucker’s title, job responsibilities and how he presented himself professionally.

“Based on all of the circumstances, I would conclude that the undisputed facts show that Mr. Tucker acted as minister in his capacity as Director of Student Life/Chaplain,” Bacharach wrote.

Michael Francisco, a Washington, D.C.-based attorney who filed a brief in favor of the church on behalf of religious liberty scholars, said he hopes the 10th Circuit’s ruling will be upheld. further consideration by the court.

This is not a close or hard case. I don’t know of any other court that hasn’t found such an overtly religious employee (someone who admits to serving as a chaplain) to qualify for the ministerial exception,” he said.

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India records 9% annual growth in May: Monster Employment Index https://ocupario.org/india-records-9-annual-growth-in-may-monster-employment-index/ Tue, 07 Jun 2022 09:17:07 +0000 https://ocupario.org/india-records-9-annual-growth-in-may-monster-employment-index/ The labor market continued to show growth for the second consecutive month of FY23 with a benchmark recovery of 9% YoY in May 2022. With the rapid adoption of emerging technologies across all sectors in India , the country has come a long way to achieve a post-pandemic recovery, the Monster Employment Index (MEI) points […]]]>

The labor market continued to show growth for the second consecutive month of FY23 with a benchmark recovery of 9% YoY in May 2022. With the rapid adoption of emerging technologies across all sectors in India , the country has come a long way to achieve a post-pandemic recovery, the Monster Employment Index (MEI) points out.

However, amid concerns about high inflation driving up costs due to the current global socio-economic scenario, the index stabilized 4% month-on-month, reflecting the cautious sentiments of recruiters this month.

“Sectors such as telecommunications, BFSI and import/export posted upbeat employment trends contributing to the overall annual growth in job posting activity. The same was reflected in the index, as 22 of the 27 industries monitored showed a slight increase in demand from the level of the previous year. Meanwhile, Tier 2 cities have also made good progress on the road to post-pandemic recovery with strong growth numbers while Tier 1 cities continue to fuel growth, according to the survey.

Commenting on employment trends for May 2022, Sekhar Garisa, CEO of Monster.com, a Quess company, said, “The start of FY23 showed positive hiring scales given the planned deployment of 5G and the resumption of several business segments across the country. . So far, the Indian labor market is doing well despite the current sober hiring sentiment. Recruiters have not reduced their ambitions to hire talent and there is most certainly an unmet demand in the market today. In terms of employment prospects, businesses will continue to grow, and we see this demand reflected in segments such as import/export, telecommunications, travel and hospitality and BFSI, which continue to grow thanks to growing digitization efforts.

Import/export industries see their demand for employment increase

Import/Export saw a 47 percent increase in job postings for talent, the largest increase ever in the past year for this segment. Highlighting a growth in digitalization, the survey added, “In line with the new wave of digitalization, cashless payments and digital money, job vacancies in BFSI (up 38%) remained stable, closely followed by Telecom/ISP (up 36%) which will see a further amplification of employment following the planned rollout of 5G in India.

Travel & Tourism (up 29%) showed a full recovery surpassing the marginal and even negative escalation patterns seen over the past four quarters. In fact, the segment has almost doubled in growth since the previous month (April) which recovered at 15% per year. That aside, with offices preparing to return to full-time work and the economy cautiously returning to pre-Covid norms, sectors such as office equipment/automation (up 101% ), real estate (up 25%) showed promising growth models. . Retail (up 11%) continues to hire with moderate growth this month.

On the other hand, after observing a decline since September 21, Media & Entertainment (down 19%) continues on a steep decline indicating a long road to post-pandemic recovery. Online recruitment activity contracted in engineering, cement, construction, iron/steel (down 9%), although a slight improvement was seen last month. Maritime transport (down 4%) also registered its first annual decline compared to the level of a year ago.

Level 2 markets mark a long-term recovery

City-specific data indicates that Coimbatore (up 27%) leads the rankings, once again outpacing the growth figures seen in India’s major metropolitan cities, followed by Mumbai (up 26 %). Delhi-NCR and Hyderabad recorded a 16% annual growth in employment opportunities, followed closely by the metropolitan cities of Chennai (up 15%), Pune (up 13%), Ahmedabad (up 15%), Bangalore (up 9%) and Kolkata (up 6%). The BFSI industry in particular once again saw significant hiring activity in major metropolitan cities, with the highest peak in Pune and Delhi-NCR.

Tier 2 labor markets continue to fuel promising employment patterns in May 2022 in Baroda, Chandigarh, Jaipur and Kolkata, reflecting annual demand growth in the range of 2-12%. Job creation in these locations continues to emerge steadily from the previous month, indicating a bullish outlook for job creation.

Roles of travel and tourism rise as India returns to old normal

With the removal of Covid-19 restrictions, tourism has picked up again, according to the survey. Hiring demand for travel and tourism professionals rose 27% for the third consecutive month due to limited travel restrictions and an improving economic recovery. Online job posting activity for finance and accounting (up 49%) and HR and administration (up 36%) led growth and is expected to continue to do so in the coming months. coming.

Online hiring for customer service roles (up 16%) has seen double-digit increases each year for the first time since the pandemic began. Additionally, software, hardware, telecommunications (up 13%), marketing and communications (up 11%), engineering/production (up 4%), healthcare (up up 3%) and Arts/Creative (up 5%) saw a positive trend in demand. compared to May 2020.

Among all occupation groups, Purchasing/Logistics/Supply Chain saw a marginal decline of 2% year-over-year with slight fluctuations in the number of hires over the past year.

The demand for freshmen at the same level as senior management

The survey added that in May 2022, online hiring activity for entry-level job seekers (0-3 years old) came in at par with demand for senior managers (over 16 years old). ) that experienced consecutive peak demand for several months. . Both levels of experience, as well as intermediate roles (4 to 6 years), saw a 19% increase on an annual basis. Demand for new talent continues to reign supreme across all sectors and is only expected to grow further, he adds.

Read all the latest IPL 2022 news, breaking news and live updates here.

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New Initiative Aims to Help Triad Young Adults Find Jobs and Educational Opportunities | Local https://ocupario.org/new-initiative-aims-to-help-triad-young-adults-find-jobs-and-educational-opportunities-local/ Sat, 04 Jun 2022 23:30:00 +0000 https://ocupario.org/new-initiative-aims-to-help-triad-young-adults-find-jobs-and-educational-opportunities-local/ A high-profile UNC system initiative to better connect young adults to education and employment opportunities will focus on the triad, including in Forsyth County. The Carolina Across 100 initiative was unveiled in April 2021 by UNC-Chapel Hill Chancellor Kevin Guskiewicz. A network of 13 groups was selected to provide assistance to a total of 37 […]]]>

A high-profile UNC system initiative to better connect young adults to education and employment opportunities will focus on the triad, including in Forsyth County.

The Carolina Across 100 initiative was unveiled in April 2021 by UNC-Chapel Hill Chancellor Kevin Guskiewicz.

A network of 13 groups was selected to provide assistance to a total of 37 counties, including a Triad group focused on public school systems in Alamance, Davie, Forsyth, Rockingham, Surry, Stokes and Yadkin counties.

Winston-Salem/Forsyth County Schools spokesman Chris Runge said he was checking to see if the system had been contacted about the initiative.

It should last at least five years, under the direction of ncIMPACT. The plan is to “support community recovery and build sustainable efforts across all 100 counties by providing human resources, data insights, coaching, facilitation, coordination efforts and program design” .

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The ncIMPACT initiative is a statewide effort launched by the UNC School of Government in 2017 to help local communities use data and evidence to improve conditions and inform decision-making.

The “Our State, Our Work” spin-off focused on young adults was announced in March and is expected to run for at least two years. New details were revealed last week.

“As our state addresses the inequalities created and exacerbated by COVID-19, Carolina Across 100 will connect young people with educational and gainful employment opportunities in North Carolina by bringing together community leaders from across the state to collaborate and strengthen each other,” Guskiewicz said in a statement.

A living wage is generally quoted in the range of $13 to $15 per hour, compared to the minimum wage of $7.25 in North Carolina.

The aim is to make university resources available “to help communities deal with the challenges expected after COVID-19”, while helping people aged 16 to 24 find paying jobs. decent.

“It’s good to see our flagship university embracing community engagement in a systematic way across the state,” said Keith Debbage, assistant professor of geography and sustainable tourism and hospitality at UNCG.

“It is crucial that the UNC-Chapel Hill program does not duplicate and duplicate what local communities are already doing, but rather complement and assist in order to increase competitive advantage.”

Speakers

In most cases, the 13 participating groups are made up of business, civic, educational, nonprofit, faith-based, and government entities.

“Each community determines who needs to be on their team to build an effective and sustainable system to support these young adults as they reconnect to education and work opportunities,” said Anita Brown-Graham, director of the ncIMPACT initiative and lead coordinator of Carolina Across. 100,

The Piedmont Triad Regional Workforce Development Council is leading the local effort in establishing the Triad Career Connect model.

“This model creates labor opportunities and exposure to regional employers of interest by collaborating with programs, such as NCWorks’ NextGen program,” the council said.

The council said that since beginning its NextGen effort in 2019, the local program has helped 50 students.

“The collaboration takes advantage of the huge opportunity for collaboration between counties through resource sharing and streamlined, complementary programs,” the Workforce Development Council said.

Triad counties applied to participate through the Piedmont Triad Regional Workforce Development Council. Counties could have asked to participate individually.

Davidson and Guilford counties did not apply, according to Jessica Dorrance, research director for ncIMPACT.

“While we are extremely excited to work with all of the counties selected for the program, we will be creating and sharing resources from this work that we hope will benefit all counties across the state. “said Dorrance.

“One goal is to share the lessons we learn from working with community collaborations and enable other counties to implement and adapt those lessons in a way that works best for them.”

Motivation

The initial and ongoing impact of the COVID-19 pandemic on work opportunities for young adults spurred the UNC-Chapel Hill initiative.

The group said the unemployment rate for 16-24 year olds jumped to 24.4% in the first months of the pandemic in 2020, compared to 11.3% for those aged 25 and over.

“Those with the lowest levels of education – below a high school diploma – have the worst,” according to the group.

However, the group cites that the education and employment challenges facing 16 to 24-year-olds predate the pandemic in North Carolina.

“16 to 24 year olds not in school or working had a higher percentage of people living in poverty in 2019,” the group said.

Brown-Graham said the initial goal was to have up to 20 counties participate.

“We are thrilled that 37 counties have made a clear commitment to partner with us on this premier program to connect young adults to educational opportunities and gainful employment,” Brown-Graham said.

The goals

Carolina Across 100 said it will provide the 13 groups with “a variety of high-value resources,” including:

Evidence-based programs aimed at meeting the educational and non-academic needs of Opportunity Youth, those in the 16-24 age group;

Highly requested micro-certificate training;

Marketing expertise for existing programs;

Guided listening sessions with Opportunity Youth participants;

Technical assistance and resources for employers seeking to hire and retain Opportunity Youth participants;

Storytelling techniques for sharing the experiences and triumphs of Opportunity Youth;

Information on funding opportunities; and

Writing Assistance Grant.

The participating groups will begin their work later this month, then meet for the first in a series of forums at UNC-Chapel Hill in mid-September.

Forums are organized so that groups can share ideas and collaborate on best practices.

The Carolina Across 100 team will conduct site visits to participating counties to facilitate program implementation.

Challenges

The Our State, Our Work initiative faces several systemic education and employment challenges that existed long before the pandemic, but have worsened in the past 26 months.

“Along with the labor shortage, there has been a reallocation of labor,” said Michael Walden, professor of economics at NC State University.

“For example, it is estimated that at least 10% of workers in hospitality, warehousing and manufacturing businesses before the pandemic learned new skills that allowed them to move into higher paying occupations.”

These are employment sectors typically occupied by young adults seeking their first real-world work experiences, especially those who will not have a college degree.

Walden said that while many businesses and nonprofit health groups are raising their minimum wages to a range of $12 to $22 an hour, other companies haven’t planned wage increases to help. their employees to stay the same or outpace inflation.

Walden said that for 2021 and so far in 2022, hourly wage gains in these industry sectors “have barely kept up with the rising rate of inflation.”

With the state’s unemployment rate at a pandemic low of 3.4% in April, “it’s hard to imagine the overall unemployment rate dropping even further,” said Patrick McHugh, research director at NC Budget. and Tax Center, from left.

“There are certainly a lot of counties with room to bring the unemployment rate down. The total labor force size in more than half of North Carolina counties remains below pre-COVID-19 levels.

McHugh said that in “some of the hottest job markets, it’s really about getting more people back into the job market, which isn’t going to bring the unemployment rate down much, if at all.” everything”.

Walden said the Our State, Our Work initiative should focus on the need for worker training.

“There’s a broad consensus among economists that more disruption is coming to the labor market,” Walden said.

“It’s not just because of the pandemic, but also because of rapid changes in technology, which will cause companies to reassess what machines and technology can do versus what humans can do.”

Disruptions Abound

These types of education and employment initiatives need to be nimble and quick to respond to trends and employer needs, Walden said.

“The two things needed to successfully deal with this coming disruption will be identifying the necessary skills that companies will want in a worker and providing rapid training in those skills, both for existing workers who find that their jobs has been reduced and for new workers who want to quickly enter the workforce without spending years in the classroom,” said Walden.

“This rapid training could be delivered through existing educational institutions, particularly high schools and community colleges, and/or through on-the-job apprenticeships.”

Rural counties stand to be the primary beneficiaries of the One State One Work initiative, said John Quinterno, director of South by North Strategies Ltd., a Chapel Hill research firm specializing in economic and social policy.

“Young adults who have not completed high school and who are not working face long-term challenges in building a strong foundation and a future for themselves,” Quinterno said.

“Particularly in more rural communities, this can create long-term challenges for local employers and communities at large.”

Quinterno said that to the extent that UNC-Chapel Hill initiatives “can help supplement existing resources and fill gaps in existing initiatives at the community level, these initiatives are more likely to succeed.

“This task appears consistent with the university’s public service mission to the people of North Carolina.”

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United Kingdom: Employment Rights – is 2022 the year of implementation? (video chat) https://ocupario.org/united-kingdom-employment-rights-is-2022-the-year-of-implementation-video-chat/ Fri, 03 Jun 2022 08:02:05 +0000 https://ocupario.org/united-kingdom-employment-rights-is-2022-the-year-of-implementation-video-chat/ Click here to watch the video Episode 3: National Minimum Wage In short The Baker McKenzie London Employment team is delighted to welcome you back to our virtual mini-series,”Labor rights: is 2022 the year of implementation?“, with episode three, where we turn our attention to the national minimum wage, a subject which can be quite […]]]>

Click here to watch the video

Episode 3: National Minimum Wage

In short

The Baker McKenzie London Employment team is delighted to welcome you back to our virtual mini-series,”Labor rights: is 2022 the year of implementation?“, with episode three, where we turn our attention to the national minimum wage, a subject which can be quite difficult for employers to navigate and where we have already seen significant enforcement activity from HMRC over the course of of recent years.

In this episode, Stephen Ratcliffe and Oliver Moreton cover some of the key issues employers need to consider, including the different types of work under the legislation, what counts as working time, which payments count towards minimum wage and which deductions reduce pay to purposes of calculating the minimum wage.

The content is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This may qualify as “lawyer advertising” requiring notice in some jurisdictions. Prior results do not guarantee similar results. For more information, please visit: www.bakermckenzie.com/en/client-resource-disclaimer.

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