Employment And Labor

On August 29, 2022, the Hong Kong Competition Commission (“HKCC”) published an Advisory Bulletin regarding the sharing of competitively sensitive information on employees’ employment conditions (such as future wages) among employers in the context of “joint negotiations” (“Joint Negotiation Advisory Bulletin”). In the Joint Negotiation Advisory Bulletin the HKCC outlines a set of guidance on the circumstances under which the exchange of information on employment conditions among employers may be justified in the context of joint negotiations.

On June 23, 2022, the Supreme Court of the United States issued its decision in New York State Rifle & Pistol Association v. Bruen, which significantly expanded Americans’ right to bear arms as guaranteed by the Second Amendment. More accurately, the Court significantly curtailed a state’s ability to restrict Americans’ right to publicly carry arms for self-defense. The Bruen decision does not mention the workplace. Nor does the ruling apply directly to the rights of private employers or prevent businesses from enforcing their own restrictions on possession and carry of firearms at their facilities (which the Court indirectly endorsed). The opinion will, however, undoubtedly impact businesses and employers now and in the future. Indeed, in addition to serving as the impetus for a likely increase in guns carried in public generally, the decision will also provide the foundation for subsequent challenges of private restrictions, including workplace bans on guns. Whether those challenges will bear any fruit remains to be seen. What is clear is that Bruen brought gun laws back to the forefront of the national consciousness, and with it a reminder for employers to revisit their workplace restrictions, as well as the law of the state(s) in which they operate. 

Summary Plan Descriptions (SPDs) are an essential mechanism for employers to use when informing employees and participants of benefits offered under their plans. SPDs tell employees and plan participants what the plan documents say, including what their benefits are, what they need to do in order to get a benefit, and how those benefits are going to be paid to them. Therefore, it is important that SPDs are correct and accurate and sent to everybody who needs to get them. 

This article discusses some of the key do’s and don’ts with respect to SPDs.