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Forfeiture of Pensions Arrears – A Drafting Lottery?
Shoosmiths LLP, June 2021

In a case concerning the validity and effect of certain deeds relating to pension increases, the High Court has handed down its judgement. The case also considers the application of scheme forfeiture clauses to arrears of underpayments. The case, concerning the Axminster pension scheme (‘Scheme’), was brought by the Scheme’s independent trustee. Many of the original issues were compromised by the parties, meaning that the court was asked to approve the compromise...

Supreme Court: Schools Are Limited in Regulation of Off-Campus Speech
Dinsmore & Shohl LLP, June 2021

On Wednesday, June 23, 2021, the United States Supreme Court issued its decision in Mahanoy Area School District v. B.L., a much-anticipated decision regarding schools’ regulation of off-campus speech. The Court held that while schools may discipline students for some off-campus speech, their ability to do so is much more limited than for on-campus speech. B.L. was a student at Mahanoy Area High School and cheered on the junior varsity team during her freshman year...

The Corporate Transparency Act Introduces Beneficial Ownership Disclosure Requirements for Investment Funds
Bradley Arant Boult Cummings LLP, June 2021

A just-passed piece of legislation crafted to bolster countercrime defenses and crack open beneficial ownership bastions, a historical haven for criminals of all stripes, has lesser-known tethers for certain segments of the investment sector – a critical pitfall that should not be lost on compliance teams.   In May 2020, a leaked investigation bulletin prepared by the U.S...

DOL Proposes 30-Minute Cap for Tipped-Wage Side Work, Seeks to Reinstate 80/20 Rule
Dinsmore & Shohl LLP, June 2021

On June 21, 2021, the Department of Labor (DOL) proposed a new rule to restrict the amount of non-tip-producing work a tipped employee can perform when an employer is taking a tip credit. The proposed rule clarifies that if an employee performs work that directly supports tip-producing work for a substantial amount of time — at least 20 percent of the hours worked in a workweek or at least 30 continuous minutes — the worker must be paid the standard minimum wage...

21-Day Deadline to Comply with New Vaccination Guidelines
ENSafrica, June 2021

On 11 June 2021, the Minister of Employment and Labour released the much-anticipated vaccination guidelines. These are included in the amended Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces (the “Directive”). While some have interpreted the Directive as giving employers carte blanche to impose mandatory vaccination policies, this is not the case...

Government Publishes Regulations and Guidance on Climate Risk Governance for Pension Scheme Trustees
Shoosmiths LLP, June 2021

The draft Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 (‘Regulations’) have been laid before parliament and are due to come into effect on 1 October this year. The Pensions Minister announced on June 8 the final version of the Regulations which are designed to regulate how trustees of certain trust-based occupational schemes must engage with, and report on, climate change risk as part of their duties...

Time is Running Out and the 30 June Deadline is Fast Approaching... Are Employers Ready?
Shoosmiths LLP, June 2021

Deadlines loom, as changes to rules on the rights of EEA and Swiss citizens to live and work in the UK are fast approaching. With many developments to keep apace of, we have highlighted the key dates and points which employers need to mark in the diary. 1...

Employment Essentials Explained: Diversity & Inclusion
Shoosmiths LLP, June 2021

As many of us continue to work from home and/or have opportunities for travel and meeting up restricted, we are continuing to run our essential webinar series for employers to ensure that our clients and contacts remain up to date and equipped to deal with all eventualities! Our latest seminar focused on diversity and inclusion in the workplace...

MyCC's Market Review on Selected Areas of the Transportation Sector (Port Logistics Ecosystem & Motor Vehicle Warranty Claims)
Shearn Delamore & Co., June 2021

Dear valued clients, colleagues and friends, In this article, our partner, Anand Raj, and associate, Jeevitha Thurai Rathnam, discuss the Malaysia Competition Commission’s market review exercise into the transportation sector (port logistics ecosystem and motor vehicle warranty claims)...

UAE Economic Substance Requirements – Penalties Imposed by the Federal Tax Authority
Afridi & Angell, June 2021

The Federal Tax Authority (the FTA) has started to impose penalties on businesses that have failed to submit their economic substance notifications by the set deadline of 30 June 2020 for the financial period ended on 31 December 2019, and the economic substance reports by the set deadline of 31 December 2020 for the financial period ended on 31 December 2019...

The Employee Retention Tax Credit: Why Is My Refund Taking So Long?
Hunton Andrews Kurth LLP, June 2021

We have written previously regarding the employee retention tax credit (the “ERC”).  The ERC was created by the Coronavirus Aid, Relief, & Economic Security Act (the “CARES Act”) and was expanded by the Consolidated Appropriations Act, 2021 (the “Appropriations Act”) to provide a tax credit on a per-employee basis if employers had a sufficient reduction of revenue or had a partial or complete shutdown based on a civil authority order...

D.C. Circuit Clarifies Boundaries of Protected Employer Expressions
Hunton Andrews Kurth LLP, June 2021

On June 1, 2021, the U.S. Court of Appeals for the D.C. Circuit overturned a NLRB determination that a manager’s incorrect blaming of a union for discrepancies in an employee’s paid-leave time constituted an unfair labor practice. The pivotal issue was whether the manager’s statements had a reasonable tendency to interfere with employees’ labor rights. As discussed below, the D.C...

What is the Test for Establishing Discrimination on the Basis of Family Status?
Lawson Lundell LLP, June 2021

Employers who are faced with employee requests for accommodation on the basis of family status may find that the response to such requests depends on the province of employment...

New York Lifts Most Statewide COVID-19 Restrictions
Patterson Belknap Webb & Tyler LLP, June 2021

New York State Lifts Restrictions. On June 7, 2021, New York Governor Andrew Cuomo declared that the State would lift most remaining COVID-19 restrictions when 70% of adult New Yorkers had received their first dose of a COVID-19 vaccine. On June 15, 2021, Governor Cuomo held a press conference to announce that New York had reached the 70% first-dose threshold...

OP-ED: Five Steps for Employers to Take Before Their Next OSHA Inspection
Schwabe, Williamson & Wyatt, June 2021

The pandemic has shined a bright light on the importance of safety and health in the workplace. While most employers are well aware of the rules that they are required to follow when it comes to safety and health, many have not thought about what to do when an OSHA inspector arrives at the workplace.  Here in Oregon, with some exceptions, most employers fall under the jurisdiction of Oregon Occupational Safety and Health (Oregon OSHA)...

A Farmer's Guide to the EU Settlement Scheme and Skilled Worker Visas
Shepherd and Wedderburn LLP, June 2021

Free movement of workers from the European Economic Area (EEA) was ended by Brexit and the UK Government introduced the EU Settlement Scheme to bridge the gap between the UK’s two immigrations systems of those coming from the EEA, and those coming to the UK from outwith the EEEA. The EU Settlement Scheme is a mechanism for any EEA citizen who lived in the UK before 31 December 2020 to remain lawfully in the UK...

How the Surinder Singh UK Immigration Route Can Help Families Returning from the EU after Brexit
Shepherd and Wedderburn LLP, June 2021

In this article first published by The Federation of European Independent Financial Advisers, Jacqueline Moore, Head of Immigration, explains a time-limited opportunity for certain family members of British citizens to utilise a route known as “Surinder Singh”. Prior to Brexit, European free movement allowed British citizens to live and work in the EU without restrictions...

Balancing Transgender Rights with Gender-Critical Philosophical Beliefs in the Workplace
Shoosmiths LLP, June 2021

In one of the most highly anticipated decisions in the employment law arena, the Employment Appeal Tribunal has found that Maya Forstater’s ‘gender-critical’ belief is a philosophical belief worthy of protection under s10 of the Equality Act 2010 (“EqA”). Ms Forstater complained to the employment tribunal that she was discriminated against because of her gender-critical belief that sex is biologically immutable and that ‘transwomen are men’...

The Domestic Abuse Act 2021: How the Law is Adapting to Tackle Domestic Abuse
Shoosmiths LLP, June 2021

According to the most recent Crime Survey for England and Wales, the police recorded over 1,288,000 domestic abuse-related incidents in the year ending March 2020. Against this backdrop, another startling statistic is that on average two women a week are killed by a current or former partner in England and Wales alone...

Tricky Issues: How Can an Employer Go About Changing Contracts of Employment?
Shoosmiths LLP, June 2021

In the latest article for our Tricky Issues series, we explore what employers need to consider when seeking to change contracts of employment and the legal risks which may arise when those changes are not agreed by the employees concerned. A contract is a binding agreement between its parties and cannot normally be amended without the express consent of all signatories...

New Plans for the UK Immigration System
Shoosmiths LLP, June 2021

The Government has published its first statement setting out its vision for legal migration and border control as part of the new plan for immigration. This article summarises the key goals that form part of the vision. The statement sets out key delivery priorities for 2021 – 22...

Policies and Practical Tips to Prepare for a Hybrid Work Culture
Schwabe, Williamson & Wyatt, June 2021

Prior to the pandemic, companies allowed remote work sparingly and where necessary because of the location of certain key players in other states or countries. Many employers felt that remote work was not practical, citing technology gaps and company culture. According to a survey of 600 IT decision-makers conducted in May 2020 by research firm Vanson Bourne for Xerox Holdings Corp...

US Department of Education Interprets Title IX to Protect Against Discrimination Based on Sexual Orientation and Gender Identity
Dinsmore & Shohl LLP, June 2021

On Wednesday, June 16, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) released a Notice of Interpretation, explaining how it interprets Title IX to prohibit discrimination on the basis of sexual orientation or gender identity...

Termination of Governor's COVID Stay-at-Home Order Triggers Review of Rehired Public Sector Retirees
Hanson Bridgett LLP, June 2021

Key Points Effective July 1, 2021, the state law rules regarding break-in-service and hours limitations for hiring public-sector retirees will be reinstated. Public sector employers and retirement systems need to determine if any action, such as reinstatement or compliance with required governing agency appointment process, is required to continue to employ retirees who were hired or whose employment was extended during the COVID emergency...

Third Time's A Charm: Cal/OSHA Standards Board Passes Revisions To Its COVID-19 Emergency Temporary Standard After Two Aborted Attempts
Hanson Bridgett LLP, June 2021

Key Points Fully vaccinated employees no longer need to wear face coverings indoors or outdoors. The revised ETS removes all social distancing requirements. Employers must provide respirators to employees who are not fully vaccinated "upon request." Governor has issued an executive order which makes the revised ETS enforceable immediately upon submission to the Office of Administrative Law...

 

 

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