Client Legal Update: Judgment of the Federal Labor Court (BAG)

Client Legal Update: Judgment of the Federal Labor Court (BAG)

See below this judgment from 20 December 2022 on the merits and limitations of annual vacation entitlements. SummaryOn 20 December 2022, the German Federal Labor Court (“BAG”) ruled that the entitlement to statutory minimum vacation is only subject to the three-year year statute of limitations if the employer has (i) previously informed its employees about their specific vacation entitlements and that the vacation will lapse if they do not take it and (ii) the employee then freely decides not to take them (See judgment – 9 AZR 266/20). If the employer fails to do so, the corresponding vacation claims of the employees from earlier years can still be asserted.…

CBP Targets Battery Tech for UFLPA Enforcement

CBP Targets Battery Tech for UFLPA Enforcement

Customs and Border Protection (CBP) recently indicated potential increased scrutiny of battery technology under the Uyghur Forced Labor Prevention Act (“UFLPA,” or the “Act”). Although the Act covers essentially all trade touching China’s Xinjiang region, it specifically lists cotton, polysilicon, and tomatoes as high-priority sectors for enforcement. Recent CBP actions indicate battery technologies are also in CBP’s sights, reflecting UFLPA’s broad scope and increased Congressional scrutiny of these supply chains.In December 2022 Senate Finance Committee Chair Ron Wyden (D-Oregon) launched an investigation into eight automakers’ potential links to China’s Xinjiang region (allegedly to source parts, including batteries, wiring and wheels).…

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