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Is Furlough Leave an Option for Struggling Parents?
Shoosmiths LLP, January 2021

Lockdown 3.0 is upon us and once again schools are closed and working parents find themselves having to balance childcare and home-schooling whilst trying to manage their own work and responsibilities. For those who cannot reasonably work from home, or who may struggle with having to provide childcare at the same time as meeting the demands of their role, employers are able to consider offering furlough leave as an option...

Work, Lockdown and Curfew: Answers to Your Questions
Lavery Lawyers, January 2021

In order to reduce community transmission and preserve everyone's safety and that of our healthcare system, the government requires everyone to make extra efforts, both in their private lives and at work. The closure of retail businesses, save for some exceptions, is maintained, the lockdown to prevent gatherings continues and a curfew was added on January 9, 2021, to remain in effect until the currently announced date of February 8, 2021 1 ...

The Changing Face of the Office
Shoosmiths LLP, January 2021

This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?’. To access this free report, please click on the download link to the right of this page.   Contrary to popular belief, the Covid pandemic has not destroyed real estate as an investment class; rather it has accelerated the rate at which it was already evolving...

Shoosmiths: Top Covid Insights
Shoosmiths LLP, January 2021

As we face a new period of lockdown, the memories of March come flooding back. However, it is useful to remember that, as a nation, we are better prepared this time, and our shared experiences of the last ten months will help to ensure we tackle the challenge ahead positively, constructively and from a more informed position than before...

Coronavirus: New Measures to Support Tenants
PLMJ, January 2021

The Covid-19 pandemic has led to the adoption of a set of exceptional and temporary measures to prevent the spread of SARS-CoV-2 and to the introduction of various forms of support intended to mitigate the economic impact of this situation...

The Regulatory Sprint is Over - What’s at the Finish Line Under the New Stark and AKS Final Rules?
Verrill, January 2021

The U.S. Department of Health and Human Services (HHS) completed its “Regulatory Sprint” by finalizing changes to regulations pertaining to two federal fraud and abuse laws. On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) published a final rule revising regulations to the Stark Law. The Stark Final Rule adds, modifies and clarifies key definitions and exceptions...

UIF Does a Payment Re-Run and Gives Clarity on COVID-19 TERS Benefits Over the Festive Season
ENSafrica, January 2021

The Unemployment Insurance Fund (“UIF”) has shed some light on what will happen to existing and outstanding COVID-19 Temporary Employer-Employee Relief Scheme (“TERS”) applications and payments, particularly over the festive season. We discuss the must-knows for employers below...

New York Enacts a Moratorium on COVID-19-Related Residential Evictions and Foreclosures
Bradley Arant Boult Cummings LLP, January 2021

On December 28, 2020, New York passed a new law entitled the “COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.” The act places a moratorium on COVID-19-related residential real property mortgage foreclosure actions and residential eviction proceedings until May 1, 2021, where a tenant or homeowner has submitted a “hardship declaration” to the foreclosing party, landlord, and/or the court...

When Do CARES Act Forbearance Rights and Foreclosure Moratoriums End?
Bradley Arant Boult Cummings LLP, January 2021

The March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) contains a number of provisions that help borrowers with federally backed mortgage loans. Among these are forbearance protections for borrowers with single-family loans and multifamily loans. However, only one of the forbearance provisions has a clearly defined period when the rights are available...

New Temporary Special Rules for Flexible Spending Accounts
Bradley Arant Boult Cummings LLP, January 2021

The president has signed into law the Taxpayer Certainty and Disaster Tax Relief Act of 2020, which includes several temporary special rules aimed at minimizing forfeitures and increasing the utility of health and dependent care flexible spending accounts (FSAs). Plans providing for one or both accounts can take advantage of these participant-friendly rules immediately...

How to Provide Employees $26,250 in Nontaxable Student Loan Repayment Assistance
Bradley Arant Boult Cummings LLP, January 2021

The Taxpayer Certainty and Disaster Tax Relief Act, recently passed as part of the “Consolidated Appropriations Act, 2021,” has significantly extended the tax exclusions for employer-paid student loan repayment assistance introduced under the CARES Act. With this extension, employers can provide employees with student loan repayment assistance of up to $5,250 per year for 2021 through 2025 (up to $26,250 total)...

Buchalter COVID-19 Client Alert: New Treasury PPP Rules Clarify Recent Changes to PPP Program, Extend Time to Obtain a PPP Loan to March 31, 2021
Buchalter, January 2021

  On January 6, 2021, Treasury issued two new Interim Final Rules (IFRs) addressing the new Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act’s (Act) creation of PPP Second Draw Loans, and the Act’s various changes to PPP requirements generally. The major PPP components of the Act are set forth in detail in Buchalter’s COVID Alert of December 28, 2020 (Buchalter PPP Changes Alert), which can be found here...

Buchalter COVID-19 Client Alert: Congress Incentivizes Rent Deferral During COVID-19 Pandemic Through Bankruptcy Code Amendments in Stimulus Bill
Buchalter, January 2021

In the recently-passed Consolidated Appropriations Act, 2021 (the “Act”), Congress provided much-needed cover for landlords that enter into forbearance agreements with their tenants during the COVID-19 pandemic by protecting landlords from exposure to preference litigation arising out of the deferred rent payments if the tenant were to later file bankruptcy...

Pacific Northwest Labor & Employment Law Update: New Laws Effective in 2021
Buchalter, January 2021

Several new employment laws have taken effect as of January 1, 2021 in both Oregon and Washington.  Below is a brief overview of the new laws impacting employers in the Pacific Northwest. Washington Increased Minimum Salary Threshold for Exempt Employees As of January 1, 2021, the state salary threshold for many exempt employees in Washington is higher than the federal salary threshold...

New Payroll Tax Credit Available in 2021 for Public Colleges, Universities and Governmental Healthcare Entities – Q&A
Hanson Bridgett LLP, January 2021

Key Points Effective January 1, 2021, public colleges, universities, and governmental entities whose primary purpose is providing medical or hospital care are eligible for the employee retention and rehiring tax credit. The amount of the credit is equal to 70 percent of up to $10,000 in eligible wages per employee per quarter for the first two quarters of 2021. The tax credit is claimed as an offset to employment taxes otherwise payable by the employer...

2021 Predictions: Employment Law Changes on the Horizon
Shoosmiths LLP, January 2021

After what can only be described as a difficult year (an annus horribilis!) for employers and employees alike, we turn our attention to 2021 and look at some of the more significant legislative changes coming into force this year. Furlough continues The Coronavirus Job Retention Scheme has been extended until 30 April 2021...

Tricky Issues: When is Misconduct ‘Gross Misconduct’?
Shoosmiths LLP, January 2021

Kicking off our 2021 Tricky Issues Series, in this article we consider when misconduct is sufficiently serious to amount to gross misconduct. Misconduct v gross misconduct – why does it matter? Misconduct is one of the five potentially fair reasons an employer must have to dismiss an employee fairly. In this context, misconduct usually refers to two types of improper or unacceptable behaviour – ordinary misconduct and gross misconduct...

The Proposed Regulatory Framework for Digital Banks in Malaysia
Shearn Delamore & Co., January 2021

In this article, Goh Hui Wen examines the proposed regulatory framework for digital banks in Malaysia. INTRODUCTION The global financial services industry has seen a momentous evolution over the past decades driven by new technology innovations. As customers gravitate towards digital experiences and products, the transformation of the traditional banking system has become inevitable...

Enforcement of Section 17A of the MACC Act - How Does it Affect an Employer
Shearn Delamore & Co., January 2021

In this article, Benedict Ngoh Ti Yang looks at the new section 17A under the Malaysian Anti-Corruption Commission (“MACC”) (Amendment) Act 2018.   INTRODUCTION Pursuant to the recent Legal Notification PU(B) 247/2020, the Malaysian Anti-Corruption Commission (“MACC”) (Amendment) Act 20181 has come into force effective 1 June 2020. The principal effect of the MACC (Amendment) Act 2018 is the introduction of section 17A under the MACC Act...

International Sanctions: A Dedicated Regime for Financial Sanction in Luxembourg
Arendt & Medernach, January 2021

December 23, 2020 the Luxembourg legislator has published the law of 19 December 2020 implementing financial restrictive measures (“law of 19 December 2020”). This law has repealed the law of 27 October 2010 enhancing the anti-money laundering and counter terrorist financing legal framework...

Changes as of 1 January 2021: Increase of the Minimum Wage and Provision of Financial Assistance to Companies
Arendt & Medernach, January 2021

Minimum Wage Increase The Act of 15 December 2020 amending article L.222-9 of the Labor Code comes into force on 1 January 2021.The new legal provisions increase the minimum wage by 2.8%: raising unskilled employees' minimum monthly wages from EUR 2,141.99 gross to EUR 2,201.93 gross; and raising qualified employees' minimum monthly wages from EUR 2,570.39 gross to EUR 2,642.32 gross. The index applicable to employees' wages (834,76) remains however unchanged...

Special Arrangement for Visa Extension Application from Overseas
Deacons, January 2021

In general, individuals admitted into Hong Kong under various types of visa may apply for extension of stay within four weeks before the date of expiry, and they must be physically present in Hong Kong at the time of submitting the application and the collection of visa label upon approval. Due to the ongoing pandemic across the globe, this restriction has brought extra hurdles to a lot of applicants who are employees of companies and/or members of families...

FCA Publishes 2020 Fines Data & Calls for More Resources
Shoosmiths LLP, January 2021

The FCA has published details of the financial penalties imposed during 2020 showing a significant fall on previous years in the number of penalties imposed and aggregate value. It also calls for greater resources to help tackle frauds and scams. In 2020 the FCA imposed 11 fines totalling £192,570,018. Despite the number of fines reducing significantly there was still a range in the issues which resulted in penalties being imposed...

Benefits of the Employment Protection Law and the Law that makes the Requirements for Access to Unemployment Insurance more Flexible are Extended
Carey, January 2021

On December 4 th , 2020, Supreme Decree No. 2,097 of the Ministry of Finance (hereinafter, the “ Decree ”) was published in the Official Gazette, which extends the enforcement of the benefits established in titles I and II of law No.21,227 (“ Employment Protection Act ”) and in law No...

Whistle While You Work: Congress Strengthens Protections for Employees Reporting Antitrust Violations
Dykema, January 2021

The President recently signed into law the Criminal Antitrust Anti-Retaliation Act (S. 2258) (116th Cong. (2020)), which amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. It grants stronger protections to employees who come forward with claims of antitrust violations. Specifically, the law prohibits employers from discharge, demotion, or suspension, as well as any discrimination against any employee who assists in a government antitrust investigation...

 

 

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