[IOTF] IOTF Call #5 - Agenda and Presentation Material

Yuko Green yuko.green at icann.org
Tue Apr 12 21:30:44 UTC 2016


Dear IOTF members,

 

Attached, please find the presentation material for Wednesday's IOTF Call #5
(13 April, 19:00 UTC / 12pm PDT / 3pm EDT / Thursday at 6am AEDT). The
agenda of the call is:

 

1.	Opening Remarks (Lise/Jonathan)
2.	Implementation Items (Trang)

a)      PTI staffing

b)      RZERC charter (Revised based on Call #3)

c)       PTI governance documents (Revised based on Call #3)

d)      IANA Escalation Mechanisms

3.	AOB (Lise/Jonathan)
4.	Closing Remarks (Lise/Jonathan)

 

Regarding the item 2.a. "PTI Staffing," we have done some more intensive
research on the employment-based legal issues that could arise between a
company of ICANN's size and a company of PTI's anticipated size, which is
anticipated to be far less than 50 people.  ICANN had previously noted
concerns about potential differences in the legal rights of employees in
companies of these different sizes, because of the legal protections that
only attach due to company size.  Given that PTI would be incorporated in
California, there are many California employment protections that become
applicable once there are five employees, and so these rights - which are
often more expansive than the U.S. Federal laws, would apply (assuming PTI
has at least 5 employees).  However, the Federal provisions under the Family
Medical Leave Act, as well as the Warn Act (which provides certain rights
upon layoff), both would not apply to PTI's small employment base.  Research
indicates that though the exact legal rights and remedies would not be
applicable, there is a contract-based solution that can be used that would
serve in large part to fill the gap.  The remedies available to employees
would therefore only be available under contract, as opposed to rights at
law.

 

Regards,

 

Yuko Green

Strategic Programs Manager

Global Domains Division

Internet Corporation for Assigned Names and Numbers (ICANN)

 

Direct Line:  +1 310 578 8693

Mobile: +1 310 745 1517

E-mail:   <mailto:yuko.green at icann.org> yuko.green at icann.org

 <http://www.icann.org/> www.icann.org

 

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