Since January 6, 2018, employees in Germany may bring a claim to information on their peers’ salary under the Pay Transparency Act (Entgelttransparenzgesetz – EntgTranspG). Learn how to react when you receive the first information claim. READ MORE
Dr. André Zimmermann, LL.M.
Dr. André Zimmermann, a Certified Specialist for Employment Law (Fachanwalt für Arbeitsrecht), heads Orrick’s German Employment Practice. With around ten years of international experience, André is well-versed in restructuring and headcount reduction, employment aspects of M&A transactions, and employment related litigation.
André is listed as "frequently recommended" employment law expert by JUVE Handbook of German Commercial Law Firms (2017/2018), Germany's leading lawyer ranking. Clients recommend André to JUVE as “straight shooter" and "always refreshingly honest".
Our clients praise André's "creative and efficient style of working" and "a very practical and efficient style of providing advice", referring to him as "extremely responsive and accessible when we have urgent matters" and as "an excellent advocate in court hearings".
André advises companies on a wide range of HR legal matters with a special sector focus on technology companies, including hiring and discrimination concerns, misclassification, multi-jurisdictional and cross-border employment issues, HR data privacy compliance, roll out of employee handbooks and policies, performance management and terminations.
Most recently, André has advised leading multinational technology companies such as AppAnnie, Facebook, Flexera, GitHub, NVIDIA, Optimizely, Sabre, Sensata Technologies, Snap, Splunk, The Trade Desk and Visa on various employment matters in Germany.
Having long-standing experience in negotiating with works councils and unions in restructuring measures of all kind, a special focus of André's practice is on restructuring, outsourcing and headcount reductions. He is an acknowledged specialist in employing third-party personnel, especially through temporary agency work.
André is a core member of our global employment practice consisting of 70 specialized employment lawyers and world leading practices in our offices in the United States, Asia and Europe, offering the highest level of employment advice in all major jurisdictions. Our well-established teamwork across offices ensures international advice in employment law in our clients' cross-border projects.
Ongoing/Day-to-Day Employment Advice
- NASDAQ-listed California-based leading technology company - Ongoing general advice in employment law
- World Triathlon Corporation/IRONMAN - Ongoing general advice in employment law
- Leading social network - Ongoing general advice in employment law
- NASDAQ-listed California-based leading technology company - Ongoing advice in employment law
- NYSE-listed global IT service provider - Ongoing general advice in employment law with a focus on temporary agency work and contractor compliance
- Various startups - Ongoing advice on all aspects of employment law including implementation of employee equity programs
- World Triathlon Corporation/IRONMAN - Advice on post-acquisition restructuring
- NASDAQ-listed leading US travel technology company - Advice on restructuring of Germany business including negotiations with works council and implementation of headcount reduction
- NASDAQ-listed California-based technology company - Advice on restructurings of Germany business including headcount reduction
- MDAX-listed Germany-based Koenig & Bauer AG - Advice on major intra-group restructuring including several spin-offs in order to implement a holding structure
- NASDAQ-listed leading provider of printing technology - Advice on restructuring of Germany business
- Leading global supplier of medical technology - Advice on restructuring of Germany business
- Leading national IT service provider for banks - Advice on post merger reorganization
- Leading national asset manager - Advice on outsourcing of property management
- One of Europe's biggest hospital groups - Representation in more than 100 equal pay claims under the German Act on Temporary Agency Work before local and regional labor courts
- Leading German bank - Advice on challenging first-time works council election and representation before local labor court
- Leading global technology company - Post-acquisition redundancy scenario and representation before local and regional labor courts in numerous unfair dismissal claims
- Leading global technology company - Post-merger redundancy scenario including ca 100 unfair dismissal claims before local and regional labor courts
- Leading global technology company - Internal fraud investigation including representation in numerous unfair dismissal claims before court up to the Federal Labor Court
- One of the Top 10 Unicorns - Advice on market entry in Germany including implementation of employment contracts and confidentiality agreements
- Leading US technology company - Advice on rollout of employee handbook
- International trading corporation - Implementation of a firmwide code of conduct in Germany including data privacy requirements of whistleblower schemes
- KUKA Home - Acquisition of Rolf Benz
- STEAG - Acquisition of Krantz business segment from Caverion Group
- EQT - Sale of BackWerk to Valora
- Ardian - Acquisition of a majority stake in CNC technology company imes-icore
- Hitachi Chemical - Acquisition of ISOLITE, a German thermal insulation manufacturer
- DBAG - Acquisition of Abbelen Group, a leading German manufacturer of prepared foods
- DBAG - Investment in radiology group
- Ardian - Sale of Frostkrone stake to Emeram Capital
- BIP Investment Partners and LUXEMPART - Acquisition of ARWE Group , a leading European provider of mobility services for car rental and car sharing companies
- Fagerhult - Acquisition of WE-EF Group, a globally leading specialist in exterior lightin
- TCV - Advised Palo Alto-based TCV on its first investment in Germany, one of Germany’s largest VC financings in 2016
- Imagine Easy - Sale of Imagine Easy Solutions to Chegg, Inc.
- Fagerhult - Acquisition of LED Linear GmbH
- World Triathlon Corporation/IRONMAN - Acquisition of Lagardère Sports' endurance division
Posts by: André Zimmermann
There is a trend of regulations being put into place prohibiting prospective employers from asking questions about an applicant’s recent or current compensation. “What’s your salary?” has become a no-no in job interviews in several states (including Philadelphia, Massachusetts, Delaware and Oregon). New York City passed legislation in April 2017. California’s Governor just signed a new law making prior salaries a thing of the past. San Francisco has become the latest city to prohibit employers from asking job applicants to disclose their salary history effective July 1, 2018. READ MORE
On July 6, 2017, the Pay Transparency Act (Entgelttransparenzgesetz – EntgTranspG) came into force aiming to tackle the gender pay gap – which is suspected to range somewhere between 7 and 22 % in Germany. The Act mainly provides for information rights of employees and for the implementation of review and reporting procedures in companies.
On January 11, 2017, the German Federal Cabinet has adopted the Equal Pay Act (Entgelttransparenzgesetz) submitted by the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.
As we reported, the requirements of the Equal Pay Act as now adopted have been lessened in comparison with the preliminary ministerial draft we initially reported on, in accordance with the agreement found by the coalition committee of the German government parties.
Still, the Federal Minister for Family Affairs, Senior Citizens, Women and Youth declared the adoption of the Equal Pay Act an important breakthrough for a fair payment of women. She announced that the individual right to information, the reporting obligation and review procedure can be expected to change corporate culture in Germany.
December 19, 2016
8:30 – 9:30 am PT
11:30 am – 12:30 pm ET
4:30 -5:30 pm GMT
The final UK Mandatory Gender Pay Gap Regulations have been published and are due to be implemented on 6 April 2017 for all companies with more than 250 employees in the U.K. April 2017 is the same month in which you have to capture your data in order to publish your pay gap information in time for the deadline of April 2018 – so the time to take action has now arrived.
In Germany, equal pay legislation is expected to come into force in summer 2017 and will provide for information rights of employees and works councils, as well as, for investigation processes and reporting obligations of employers.
This webinar focuses on the requirements of the U.K. final regulations, preparing your ‘data snapshot’ and what the requirements are for publication. We will also discuss the evolving landscape of sanctions and whether a failure to publish might lead to enforcement action from the Equalities and Human Rights Commission. Recent Equal pay developments in the US and throughout the EU will also be addressed.
Via Webinar – connection details provided upon registration
MCLE credit will be given for this program.
On October 6, 2016, the coalition committee of the German government parties agreed on the planned Equal Pay Act (Entgeltgleichheitsgesetz). We described the first draft of the Equal Pay Act submitted by the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in our blog post earlier this year.
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 discrepancy in Germany one of the highest in the EU. In order to adjust these wage injustices, the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth submitted a first preliminary ministerial draft of the German Equal Pay Act (Entgeltgleichheitsgesetz) on December 9, 2015. The act is expected to be adopted in 2016.