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Shearn Delamore & Co. Legal Updates April 2021
Shearn Delamore & Co., May 2021

Dispute ResolutionThreshold to Commence Winding Up Proceedings RaisedBy the Federal Government Gazette Notification No. 4159 dated 22 March 2021, the amount of indebtedness required to commence winding up proceedings under section 466(1)(a) has been fixed at RM50,000.00 with effect from 1 April 2021.This means that a creditor may only commence winding-up proceedings against a debtor company where the debtor company has failed to satisfy a debt owed to the creditor exceeding RM50,000...

COVID-19 and the Impact on Disabled Employees in the Workplace
Shoosmiths LLP, May 2021

The impact of the pandemic can be seen across all sectors of society but those who are disabled have been particularly affected, not least because employees with an underlying disability are likely to have been identified as clinically extremely vulnerable and told to shield for considerable parts of the last year. Being away from the workplace and separated from colleagues has left many feeling insecure...

IHL Series: Fraud
Shoosmiths LLP, May 2021

To support our IHL community, on 21 April we hosted our latest webinar on “Fraud” where we discussed the recent upsurge in fraud due to home working, general awareness of fraudulent activity and what businesses can do to protect themselves. Here are the key takeaways: What types of fraud are you seeing at the moment? The world is a turbulent place right now, and therefore the perfect time for fraud and illicit activity to thrive...

Quarterly Case Law Update: April 2021
Shoosmiths LLP, April 2021

In our second quarterly case law update for 2021, we take a look at some of the key cases published since the start of the year and consider the lessons we can learn from them.   Disability discrimination In Elliot v Dorset County Council, the Employment Appeal Tribunal (EAT) has recently allowed an appeal against an Employment Tribunal’s finding that a claimant was not disabled...

Disability Discrimination
Shoosmiths LLP, April 2021

In Elliot v Dorset County Council, the Employment Appeal Tribunal (EAT) has recently allowed an appeal against an Employment Tribunal’s finding that a claimant was not disabled. The EAT held that the Tribunal had failed to adopt the correct approach when determining whether the claimant had a disability according to the statutory definition of disability in section 6 of the Equality Act 2010...

DOL Announces Essential Workers, Essential Protections Initiative
Dinsmore & Shohl LLP, April 2021

The U.S. Department of Labor announced the Essential Workers, Essential Protections Initiative on April 26, 2021. The Initiative is designed to educate workers on the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA)...

Rules on Accrual of Holiday Clarified
Shoosmiths LLP, April 2021

There have been a number of significant rulings on the topic of holiday pay over recent years and Smith v Pimlico Plumbings Ltd is the newest addition. Before we look at Smith, it is useful to understand how this area of law has developed over time...

The Clock is Ticking on EU Settlement Scheme - Missing the Deadline
Shoosmiths LLP, April 2021

The Home Office has published guidance on making late applications to the EU Settlement Scheme. Employers are rapidly having to get their “heads around” the fallout from Brexit and ensuring all their existing EU workers have or in are in the process of obtaining EU settled status is just one of the many headaches. The deadline of 30 June 2021 for EU, EEA and Swiss nationals to apply under the EU Settlement Scheme is fast approaching...

Flexible Working for All, Not Just Yoga Instructors
Shoosmiths LLP, April 2021

In what has been a period of unprecedented upheaval, employers have learnt a lot about their working practices and staff. As we enter the new world, employers have a unique opportunity to build back better including normalising flexible working for all...

New Emergency Measures Adopted after the “Sostegni Decree”
Gianni & Origoni, April 2021

Below is an update on the most relevant employment law measures adopted after the Decree of March 22, 2021, no. 41 (the so-called “Sostegni Decree”) within the framework of the COVID-19 emergency legislation and the on-going vaccination campaign...

Cambodia: Monthly Legal Update – April 2021
DFDL, April 2021

New Promulgated Law and Subsequent Regulations on Health, Administrative and Other Measures during Covid-19 Outbreak In response to the recent community outbreak of Covid-19 on 20 February 2021, the Royal Government of Cambodia (“RGC”) promulgated and issued a number of regulations, specifically: Law on Preventative Measures against the Spread of Covid-19 and other Highly Contagious Diseases dated 11 March 2021 (“Preventative Measures Law”); Sub-Decree 37 dated 12 Ma

Illinois Enacts Law Limiting Use of Criminal Conviction Records When Making Employment Decisions
Dinsmore & Shohl LLP, April 2021

On March 23, 2021, Governor Pritzker signed a new law (Senate Bill 1480) that makes several meaningful changes to the Illinois Human Rights Act (IHRA). One significant change under the new law states employers may not use criminal conviction records when making employment decisions unless employers consider specific factors and take certain steps before making a final employment decision...

COVID-19 Vaccines in the Workplace: 8 Considerations for Employers
Dinsmore & Shohl LLP, April 2021

PileDriver Magazine published an article by Dinsmore's Lisa Hodgdon and Jason Lambert entitled "COVID-19 Vaccines in the Workplace: 8 Considerations for Employers" in its most recent issue. Read an excerpt below. 1...

End of COVID-19 Adjusted Right to Work Checks
Shoosmiths LLP, April 2021

Employers can face a civil penalty under the Immigration, Asylum and Nationality Act 2006 (“the Act”) of up to £20,000 per illegal worker for failing to carry out the prescribed right to work document checks. It is a criminal offence to knowingly employ anyone who does not have the right to work in the UK or where an employer had ‘reasonable cause to believe’ they did not have the right to work in the UK...

Tricky Issues: How to Deal with Personality Clashes in the Workplace
Shoosmiths LLP, April 2021

In the latest article for our Tricky Issues series, we consider how employers should deal with personality clashes in the workplace, why they need to be dealt with quickly and the legal position when employers consider dismissal...

EFFECTS ON PENSIONS REGULATION of Law No. 21,314 that Regulates the Market Agents and Pension Advisors
Carey, April 2021

On April 13, 2021, Law No. 21,314 was published in the Official Gazette, which, among other matters, set new transparency requirements and reinforce the responsibilities of market agents (the " Law "). Relevant modifications to the current pensions' regulation: Amendments to Decree No. 3,500 (“Pension Funds Act”) ...

Biden's Nominee to Lead OSHA May Signal Increased Enforcement Scrutiny
Hunton Andrews Kurth LLP, April 2021

President Joseph R. Biden on April 12 nominated current Cal/OSHA Chief Doug Parker to lead federal OSHA.  If confirmed, employers should prepare for the potential that California-style enforcement may reach the federal law. President Biden has pledged to make improved working conditions a central tenet of his administration, including support for changes to federal OSHA and the National Labor Relations Act...

B.C. Government Announces Paid Leave for Employees to Get Vaccinated
Lawson Lundell LLP, April 2021

As British Columbia battles the third wave of COVID-19, the government has introduced legislation[1] which, if passed, will provide employees with paid leave to get the COVID-19 vaccine. On April 1, 2021, the British Columbia government introduced an unpaid job-protected leave of absence for employees to get the COVID-19 vaccine, or to assist a dependent in getting vaccinated against COVID-19...

Hey That’s Personal! Handling Employee DSARs and the Social Media Dilemma
Shoosmiths LLP, April 2021

As an employer, are you obliged to search personal devices, personal email accounts and/or personal social media accounts belonging to employees or others such as trustees or non-executive directors when responding to a data subject access request (DSAR)? Many employers will now be familiar with undertaking a ‘reasonable and proportionate’ search when responding to an employee’s DSAR under Article 15 of the UK GDPR...

Sleep-In Shifts Not Counted Towards National Minimum Wage
Shoosmiths LLP, April 2021

Last week the Supreme Court decided to dismiss the latest appeal in the Royal Mencap Society v Tomlinson-Blake case and confirmed that time spent sleeping on site during a sleep-in shift will not count towards a care worker’s National Minimum Wage (NMW)...

Top 5 Employment Issues to Watch in Financial Services in 2021
Shoosmiths LLP, April 2021

The financial services sector had a busy 2020 for many reasons, and the UK’s 2021/22 financial year promises to bring further developments. In this article, we take a look at the changes expected in banking, finance and asset management. 1. Brexit The loss of passporting rights was a key consequence of the Brexit deal from a financial services perspective...

Workplace Bullying and What to be Aware Of
Shoosmiths LLP, April 2021

Bullying in the workplace and allegations of bullying harassment at work have seldom been out of the headlines. Politicians such as ex-speaker John Bercow or Home Secretary Priti Patel have been accused of such behaviour...

Shearn Delamore & Co. Newsletter March Issue 2021
Shearn Delamore & Co., April 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the March 2021 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you. Real Estate PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah: Calculation of Liquidated Agreed Damages commences from the Date of Payment of Booking Fee A case note by Alexis Yong Mey Ling … read more...

Cambodia: Ministry of Labour & Vocational Training Issues Guidance on Paying Wages During the Lockdown
DFDL, April 2021

On 19 April 2021, the MLVT issued ‘Instruction 043 concerning the Payment of Wages for Early April (2021) and Additional Allowances for Employees in the Garment, Enterprise, Handicraft and Business sectors during the Phnom Penh and Takmao city lockdowns to prevent the spread of COVID-19’ (“Instruction”). The Instruction states that the temporary lockdown measures in Phnom Penh and Takmao City should be regarded as the de facto suspension of employment...

American Rescue Plan Act: New Guidance on COBRA Premium Assistance
Patterson Belknap Webb & Tyler LLP, April 2021

The American Rescue Plan Act (“ARPA”) became law in March of this year. One of the many relief provisions included in ARPA is a temporary subsidy of COBRA continuation premiums for certain individuals, summarized in our prior alert, found here...



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