We have been in the UAE helping clients manage and survive crises for 45 years, and these are unprecedented times in our lives. We will have to work together to overcome the challenges brought about by the COVID-19 pandemic, and we at Afridi & Angell are ready to do our part. Until the end of March, we will offer free advice on legal issues affecting companies and employers as a result of the COVID-19 pandemic ...
Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own diversity, equity, and inclusion (“DEI”) and voluntary affirmative action initiatives to ensure that employment decisions are not unlawfully based on membership in protected classifications ...
Washington’s Supreme Court disrupted the state’s agricultural industry on November 5, 2020, when it held that the agricultural overtime exemption at RCW 49.46.130(2)(g) violated the state’s constitution as applied to dairy workers. As a result, all dairy employers immediately had to start paying their workers overtime at a rate of 1.5 times their regular hourly rate. While not explicitly addressed, the Martinez-Cuevas v ...
On June 21, the President signed a law ratifying the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter referred to as the Convention). The day before, the law was passed by the Verkhovna Rada, 259 people's deputies voted for ratification, and only eight opposed it ...
According to the independent charity, The Age and Employment Network, the cost of age discrimination in the UK now amounts to £5.5bn in lost government tax and paid unemployment benefits and a further £30bn in lost productivity annually. These are astounding figures. It seems that many employees are currently obliged or persuaded to leave the workplace before their normal retirement age and that early exit from work for people aged over 50 tends to be permanent ...
In the workplace, youth is seen as a valuable asset. When the benefits of youth are emphasised in relation to personnel and staffing issues to the exclusion of other factors, employers may well find themselves discriminating on the basis of age. Employers may also be depriving themselves of the many benefits of an age-diverse workforce – higher retention rates; lower rates of absenteeism; greater flexibility; and a wider pool of available skills. This has a major economic impact ...
Federal Labor Court, ruling of 19 December 2018 - 7 AZR 70/17 The provision of Sec. 41 p. 3 Social Code (SGB) VI allows employers and employees to postpone the termination of the employment relationship upon reaching the regular retirement age of the employee. According to a ruling of the German Federal Labor Court (BAG) of 19 December 2018 (Ref. 7 AZR 70/17), this regulation is compatible with higher-ranking law ...
On 20 May the Government announced that it had agreed a deal between unions and employers that will see agency workers in the UK receive equal treatment after 12 weeks employment. Trade unions had been arguing strongly that agency workers should receive equal rights from day one. The CBI has calculated that because of the qualifying period up to half of all agency assignments will be unaffected ...
The recent CIS v IBM decision touches on two topical issues in IT disputes: maintenance and replacement of legacy systems, and use of agile implementation methodologies. It is also a useful reminder of some important basics regarding the management of troubled IT projects. The case and the issues The claimant (Co-op) was the insurance business of the Co-op group ...
According to recent news reports, the Bosnian Ambassador in Podgorica, Đorđe Latinović, stated that a labour agreement between BiH and Montenegro on temporal employment is due to be signed soon. The main purpose of this agreement being to regulate the status of seasonal workers in the two countries and reduce the possibility of undeclared work ...
A recent ruling of the Finnish Supreme Court is a great reminder for employers what is to be taken into consideration when entering into termination agreements with employees. In general, the employer and the employee may, at any time during the employment relationship, mutually agree to terminate the employment relationship. Freedom of contract applies and a mutual termination agreement is, per se, a valid and legally binding agreement, if the agreement in concluded appropriately ...
The regulatory landscape for AI, in the UK and beyond, is evolving rapidly, with proposed statutory regimes beginning to emerge from legislators across the globe (read more here). What, then, is the current position for employers? Overview of current regime There remains a notable gap when it comes to concrete principles of liability or accountability for AI-generated or -supported outcomes ...
The use of AI systems and chatbots by employees and employers is gaining more and more foothold at workplaces. It is relevant for the employer to be aware of the regulation applicable to employees' use of AI systems and chatbots and to ensure that the employer's own use of AI systems takes place within the applicable regulation in terms of employment and personal data law. Use of AI Systems by Employees AI systems and chatbots are useful tools for employees ...
Progression of developments in technology have always led to impacts on the general workforce. With increased international focus on the speed of AI development and use, what could the impacts be of AI be on today’s workforce? The BBC have recently covered that “a March 2023 report from Goldman Sachs estimated that AI capable of content generation could do a quarter of all the work currently done by humans ...
The U.S. Supreme Court heard oral arguments on December 4, 2018, inHelsinn Healthcare SA v. Teva Pharmaceuticals USA Inc.as to whether the “on-sale” bar under the America Invents Act (“AIA”) renders an inventor’s private sale to a third party as prior art for purposes of determining patentability. 35 U.S.C ...
SyCipLaw partner Russel L. Rodriguez contributed to the first Global Migration Section (GMS) Digest of the American Immigration Lawyers Association (AILA) year. The interview discussed the practice of immigration in the Philippines, the process of sending employees to the country, qualification of same sex spouses for dependent status, and a hot topic in Philippine immigration. Download a PDF copy of the digest. Mr. Rodriguez specializes in civil and commercial litigation ...
The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims. Bradley attorneys authored the Alabama and Tennessee chapters of the US Regional Employment 2020 featured below ...
The July 2016 issue of the Asian Legal Business (ALB) Asia Edition included a regional update article entitled "Single Entry Approach: Mandatory Conciliation and Mediation of Labor Disputes", contributed by SyCipLaw partner Marianne M. Miguel and SyCipLaw Associate Mary Grace L. Javier. The article discussed the Department Order No ...
The November 2016 issue of the Asian Legal Business (ALB) includes a regional update article entitled “Evidentiary Issues in Arbitration”, contributed by SyCipLaw Partner Ramon G. Songco and Associate Arvin Kristopher A. Razon. The article enumerated and discussed the laws that aimed to address concerns in resolving disputes in arbitration, such as how evidence is presented, assessed for relevance and competence, and protected during arbitration proceedings ...
This post discusses the Alberta Court of Appeal's recent decision in Hannam v. Medicine Hat School District No. 76,[1] which stands as an emphatic reminder that the Supreme Court of Canada has directed courts to grant summary judgment when a fair and just determination can be made without a trial ...
For a long time, socialising at work was synonymous with drinking alcohol, but in recent times we have seen this trend start to shift. This is positive news for employers who risk social events centred around alcohol inadvertently isolating those to choose not to drink. With minimal alternatives available in the past, some employees have felt a certain pressure to drink at events to ‘keep up’ with colleagues ...
Companies subject to product liability lawsuits – and their counsel – know the importance of promptly examining whether the company is subject to general personal jurisdiction or specific personal jurisdiction of the forum court. A court with general personal jurisdiction over a defendant can hear any and all claims against that defendant. After the United States Supreme Court’s decisions in Daimler AG v. Bauman, 134 S. Ct 746 (2014) and BSNF Railway Co. v ...
