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Supreme Court Orders Cancellation of Automatic Sick Leave Certificates for Quarantined Employees
Fischer Behar Chen Well Orion & Co., July 2020

In March, due to the spread of the coronavirus (COVID-19) the Ministry of Health established that an employee required to quarantine at home in accordance with Ministry of Health guidelines would automatically receive a sick leave certificate which could present to the employer and receive sick pay for the quarantine period...

The Department of Labor and Center for Disease Control Issue New Guidance Related to COVID-19
Dinsmore & Shohl LLP, July 2020

As workplaces continue to reopen, the U.S. Department of Labor (DOL) and Centers for Disease Control and Prevention (CDC) issued additional guidance addressing various return to work issues and leave under the Family and Medical Leave Act (FMLA) and Families First Coronavirus Response Act (FFCRA). The new DOL guidance, summarized below, appears on the DOL’s FFCRA Questions and Answers page...

Five Priorities for Enhancing Risk Culture in a COVID-19 World
MinterEllison, July 2020

As organisations start planning their post COVID-19 workforce arrangements, leaders need to consider how these new and amended work practices will help or hinder their efforts to strengthen their risk culture. While having a distributed workforce increases some challenges to improving risk culture, it also provides opportunities which need to be embraced. It is becoming increasingly clear that the post COVID-19 workplace will be very different to what it was before the pandemic...

Wrongful Termination in Good Faith - Reconciling the Authorities in the Context of Force Majeure
Haynes and Boone, LLP, July 2020

In the rush to seek relief under force majeure clauses following the devastating impact of the Covid-19 pandemic, it is likely that some claims were made incorrectly, albeit in good faith.  Particularly in circumstances where force majeure relief is linked to a purported termination, the party seeking to terminate needs to comply with any contractual requirements and ensure that the event relied upon is capable of being caught by the force majeure clause...

Addressing the Privacy Challenges with Workplace COVID-19 Screening
Lawson Lundell LLP, July 2020

As we have outlined in Part 1 and Part 2 of our blog series, ‘Returning the Workplace to Safe Operation’, employers have a duty to reduce the risk of COVID-19 in the workplace as much as reasonably practical. Consequently, employers may determine it is appropriate to conduct certain active screening, such as questionnaires, temperature screening, and testing...

In Case You have Nothing Else to Do, the DOL has Changed Their Approved FMLA Paperwork (but It's Not that Big of a Deal)
Spilman Thomas & Battle, PLLC, July 2020

While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims. Specifically, there are new forms for FMLA notice of eligibility, designation notice, and medical certification for employees to use. At first glance, the new forms look quite different than their predecessors, but there are no major changes...

Industrial Court Rules LIFO is Not Applicable to a Retrenchment Involving Skilled Employees
Shearn Delamore & Co., July 2020

In two recent Awards of the Industrial Court involving the retrenchment of 7 Claimants, Mizman Bin Ngadinan & Others v City Facilities Management Sdn Bhd (Award 989 of 2020) and Roslan Bin Mohd Tahir & Others v City Facilities Management Sdn Bhd (Award 990 of 2020), the Industrial Court found that the LIFO principle was inapplicable where the selection criteria and process adopted by the Company involving specialised skills sets and the competency of the employees was upheld...

COVID-19: Exceptional Cases in which Population and Immigration Authority will Allow Foreigners to Enter Israel
Fischer Behar Chen Well Orion & Co., July 2020

Due to the COVID-19 outbreak, as of March 2020, Israel prohibited foreign nationals from any country from entering its borders, including citizens who held any kind of visa. Only foreign residents who could prove that their 'life centre' was in Israel could enter the country. In June 2020 the Population and Immigration Authority published a list of exceptional cases in which it will allow foreigners into the country...

Planning Layoffs? Don’t Overlook These 2 Key Laws
Bradley Arant Boult Cummings LLP, July 2020

In this unprecedented COVID-19 world, employers may need to consider layoffs, furloughs, or even closures to get through to the other side (whenever that comes). If you have done all you can to weather the government-mandated shutdowns and now have to consider letting people go, you are not alone...

Virginia Becomes First State to Enact COVID-19 Occupational Safety Requirements
Waller, July 2020

Virginia is now the first state in the nation to enact mandatory occupational safety standards regarding COVID-19. The Virginia Department of Labor and Industry’s health and safety board voted 9-2 on July 15 to adopt an “Emergency Temporary Standard” which requires employers to implement measures to protect employees from COVID-19...

Reflections on the Supreme Court — Past and Present
Waller, July 2020

When I became a judicial law clerk right out of law school, my boss, a federal judge in Houston, Texas, explained to me that the goal of his job (and therefore mine) was to find the right answer and do the right thing. That was, in a sense, easy enough. Research the law, and figure out how it applies to the particular facts of each case — because following the law is the right thing to do. Of course, judges will disagree about how the law should apply...

Virginia is the First State in the Nation to Approve COVID-19 Workplace Safety Standards
Spilman Thomas & Battle, PLLC, July 2020

Yesterday, Virginia approved temporary emergency workplace safety standards related to COVID-19, making it the first state in the nation to do so. While final language has yet to be approved, the standards are expected to go into effect in late July and will remain in effect for six months unless extended pursuant to state law. A current draft of the regulations is available here...

Importance of Conducting a Well-Executed Domestic Inquiry
Shearn Delamore & Co., July 2020

Introduction In the recent Industrial Court Award between Malaysia Airports Sdn Bhd and Suhaimi bin Mohammad Haniff [Industrial Court Award 895 of 2020], the Industrial Court had underlined the significance of a well-executed Domestic Inquiry where the evidence of a witness during a domestic inquiry was given sufficient weight in adjudicating the matter.  Brief material facts  In the present matter, the Claimant was dismissed for assisting his colleague, Ms...

Mandatory Mask Requirements in Michigan—Executive Order No. 2020-147
Dykema, July 2020

Executive Order No. 2020-147 sets forth new face covering requirements for all individuals in Michigan as well as new requirements for any business open to the public. When is face covering required under Executive Order No...

U.S. Department of Labor Proposes New (Simpler) Fiduciary Rule Exemption
Lowenstein Sandler LLP, July 2020

What You Need To Know: The Proposed Exemption reaffirms the long-standing five-part test used prior to the vacated fiduciary rule to determine whether an investment adviser is a fiduciary for purposes of ERISA and the Internal Revenue Code (Code)...

Independent Contractor v. Employee and Joint Employer Status: How to Differentiate and Avoid Legal Traps
Bradley Arant Boult Cummings LLP, July 2020

Please join us for a virtual webinar addressing worker classification issues, including independent contractor v. employee, and how to manage temporary or seasonal workers and avoid common legal traps. Misclassification of workers is a costly mistake and can lead to exposure for unpaid taxes, unpaid overtime, penalties and punitive damages. We will discuss how to properly work with and manage independent contractors to make sure they are not classified as employees...

Changes to Ohio’s Workers’ Compensation Statutes Expected to Benefit Employers
Dinsmore & Shohl LLP, July 2020

On June 16, 2020, Governor Mike DeWine signed into law House Bill 81. Its impact is significant for employers in the context of workers’ compensation. Governor DeWine touted the amendment that provided workers’ compensation coverage for medical diagnostic services to investigate whether a detention facility employee’s exposure to another’s blood or bodily fluids resulted in an injury or occupational disease...

Buchalter COVID-19 Client Alert: San Francisco Supervisors Pass COVID-19 Emergency Ordinance on Cleaning Hotels and Commercial Office Buildings
Buchalter, July 2020

By: John Epperson San Francisco’s Board of Supervisors passed an Emergency Ordinance on July 7 entitled “Cleaning and Disease Prevention Standards in Tourist Hotels and Large Commercial Office Buildings” (the “EO”). The EO is expected to be signed by the Mayor and go into effect soon...

Amendments to Statutory Maternity Benefits Finally Passed
Deacons, July 2020

On 9 July 2020, the Employment (Amendment) Bill 2019 (Bill) was passed at the Legislative Council. The Bill introduces amendments to the Employment Ordinance (Ordinance) to extend the statutory maternity leave period from 10 weeks to 14 weeks, and technical amendments to rationalise the current statutory maternity leave regime (Amendments). We summarise the effect of the Amendments as follows:     Current position New position 1...

Legal Checklist: How to Make your Business Sustainable in the Face of New Challenges
ALRUD Law Firm, July 2020

The current crisis has challenged the strength of all companies. It has forced businesses to quickly address new issues that often were outside their agenda earlier. During this period, most of businesses have managed to temporarily adapt, or radically change their processes and strategies; establish a flawless remote operation; transform the pattern of cooperation with counterparties and partners; reallocate resources and learn to communicate with their employees under crisis...

Reopening your Workplace after Lockdown: 10 Key Questions
ALTIUS/Tiberghien, July 2020

With the exit from lockdown in full swing, many companies are recalling their staff to the workplace. This article answers 10 FAQs that employers, business managers and HR specialists must consider during employees' return to work. FAQs Must employers respect health and safety measures on their employees' return to work and, if so, which ones?Yes, to the extent possible, social distancing (ie, maintaining a distance between people of at least 1...

Regulation on Specific Conditions of Safety and Health Applicable for Remote Work or Telework
Carey, July 2020

On July 3rd, 2020, Supreme Decree No. 18/2020 of the Ministry of Labor and Social Securitywas published,approving the regulation of Article 152 quater M of the Labor Code, establishing specific health and safety conditions at work applicable for employees rendering services in regimes of remote work or telework (hereinafter, the “Regulation”)...

IRS Issues Guidance on COVID-19 Leave-Based Donation Programs
Hanson Bridgett LLP, July 2020

Key Points The cash value of employees’ donated leave time paid to a qualified charitable organization in 2020 under an employer-sponsored leave donation program is not taxable wages or compensation. Employers may take a tax deduction for such payments as a business expense or a charitable contribution...

Deductibility of Expenses Incurred by a Business in its Restructuring or Retrenchment Exercise
Shearn Delamore & Co., July 2020

Faced with the current Covid-19 pandemic and the consequential economic ramifications, it is inevitable that affected businesses are put under increasing financial strain. Affected businesses would at some point consider a restructuring of the business to manage the tide and stay afloat, with the last resort being liquidation for businesses operating in industries that are the most impacted by this pandemic...

A Look at Issues Faced by Employers as a Result of the Covid-19 Pandemic and Ensuing Movement Control Order
Shearn Delamore & Co., July 2020

Introduction The Covid-19 global pandemic which has swept the globe and caused many countries to introduce various degrees of lock down measures has given rise to various issues and scenarios which an employer must deal with and manage. This is no different for employers in Malaysia where the Government has implemented the Movement Control Order (“MCO”) since 18 March 2020 which saw the economic activity brought to a halt...

 

 

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