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Lavery Lawyers | April 2024

On March 28, 2024, the Department of Finance Canada announced a one-year extension to the 15% Mineral Exploration Tax Credit (?METC?) available to investors in flow-through shares. The extension means that the METC will be effective until March 31, 2025. This announcement came at a time when uncertainty loomed over the industry and some stakeholders feared that the government would not renew the METC. Over time, this tax credit has become a key component of flow-through share financings ...

SyCipLaw's Tax Department has prepared Tax Issues and Practical Solutions (T.I.P.S.) for February. The February 2024 issue covers the following tax issues: 1. What is Republic Act No. 11976 and why is it relevant to tax?2. Are cross-border services provided by non-resident foreign corporations now subject to income tax and VAT under Revenue Memorandum Circular No. 5-2024? Please read the full texthereor via thislink ...

Shoosmiths LLP | April 2024

Watch the webinar video and study our key takeaway points from our latest webinar focused on avoiding illegal working and managing risk. Our 2024 webinar programme is focused on supporting HR teams to protect the employee brand proposition of the organisations they work for. Presented by our leading team of employment lawyers these sessions will equip you on how best to handle key risks that could undermine the organisation’s employee brand ...

Shoosmiths LLP | April 2024

The Government is consulting on legislative changes to introduce greater flexibility to access surplus funds in defined benefit pension schemes. The Department for Work and Pensions (DWP) opened consultation further to publishing a paper entitled “Options for defined benefit schemes” on 23 February 2024 ...

Pension-Linked Emergency Savings Accounts (“PLESAs”) are a special retirement plan feature created under SECURE ACT 2.0.  PLESAs were first permitted to be made available to participants as of January 1, 2024.  PLESAs, which provide a flexible savings opportunity for non-highly compensated employees, can be added to certain defined contribution plans.  New guidance regarding this option has been released, which may be of interest to employers and plan sponsors ...

Shoosmiths LLP | April 2024

Our third article in the series focusing on discrimination in the workplace, covers the protected characteristic of sex (gender). We discuss the current legal position, planned changes and suggested best practice for employers. What is sex discrimination? Sex discrimination occurs when someone is treated unfairly due to their gender. In the UK, it has been illegal for some time (subject to certain exceptions) with the law now incorporated into the Equality Act 2010 ...

Shoosmiths LLP | April 2024

Serco Leisure have been issued with an enforcement notice by the UK Information Commissioner’s Office (ICO) for unlawfully processing their employees’ biometric data through facial recognition technology and fingerprint scanning. What can we learn from this? With a rise in remote working as the fallout from the COVID-19 pandemic continues, there has been a proliferation of workplace monitoring ...

On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to abide by certain notice and distribution requirements by July 1, 2024. The notice and distribution requirements will inform employees and independent contractors of their rights under federal, state, and local law ...

Buchalter | April 2024

April 2, 2024 By: Leah Lively and Alexandra Shulman On June 6, 2024, new amendments to Washington State’s noncompetition statute (RCW 49.62) will go into effect, which place further limitations on the use of noncompetition agreements in Washington.  Substitute Senate Bill 5935 introduces several modifications to RCW 49.62 that Washington employers (and employers with Washington employees) should be aware of: Broader definition of “noncompetition covenant ...

Buchalter | March 2024

By: Jennifer Misetich March 26, 2024 On March 25, 2024, the California Supreme Court issued its decision in Huerta v. CSI Electrical Contractors, which provides certain clarity on nuanced wage and hour issues and the scope of the term “hours worked ...

Carey Olsen | March 2024

British Virgin Islands Economic Substance - frequently asked questions Who has to comply with the Substance Legislation? All companies and limited partnerships that are registered or incorporated in the British Virgin Islands (“Entities”) must comply with the Substance Legislation. The Substance Legislation does not apply to trusts or general partnerships ...

Dinsmore & Shohl LLP | March 2024

Another year, another mandate for California employers.  By July 1, 2024, nearly all employers in the Golden State must have in place a workplace violence prevention plan.  While the compliance deadline may be three months away, employers need to immediately take action to ensure completion and training by July 1. According to the Occupational Safety and Health Administration (OSHA), workplace violence is the second leading cause of fatal occupational injuries in the U.S ...

Shoosmiths LLP | March 2024

The Government have now published the Statement of Changes to the Immigration Rules which confirm the changes being made to the Skilled Worker route as part of the ‘five-point plan’ to reduce net migration. We summarise the main points for employers to take note of ahead of the changes taking effect on 4 April ...

Dinsmore & Shohl LLP | March 2024

On January 1, 2024, regulations implementing the Corporate Transparency Act (“CTA”) became effective, triggering new reporting obligations for many entities conducting business within the United States ...

On January 10, 2024, the Wage and Hour Division of the United States Department of Labor (“DOL”) published a final rule (the “Final Rule”), which became effective on March 11, 2024, modifying the DOL’s guidance on how to analyze who qualifies as an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”) ...

Shoosmiths LLP | March 2024

April is traditionally a month when employment law changes are made and this year is no exception. We provide a summary of the key changes employers need to be aware of and what steps they should take as a result of the changes. National Minimum Wage From 1 April 2024, the hourly National Living (NLW) and Minimum Wages (NMW) will increase to £11.44 (for workers aged 21 and over), £8.60 (for workers aged 18-20), £6.40 (for workers aged 16-17) and £6 ...

Lavery Lawyers | March 2024

Although it is not often well-understood in business and tax circles, the Indian Act (the ?Act?), coupled with federal and provincial tax laws, provides several tax planning opportunities for Indigenous taxpayers. These laws provide various tax exemptions for people who qualify as ?Indians? under the Act, as well as for ?bands? and other ?councils ...

Dinsmore & Shohl LLP | March 2024

The Ohio Supreme Court upheld a temporary Ohio law providing that income earned by remote workers would be taxed by the municipality that was their principal place of work, rather than the municipality where they actually performed remote work during the COVID-19 emergency period. The 5-2 decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, came on February 14, 2024 ...

SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) senior partner Carina "Caren" Laforteza and special counsel Catherina "Kate" Fernandez discuss the taxation of AI in light of recent developments concerning the concept of situs of taxation as interpreted by the Bureau of Internal Revenue (BIR), the local tax authority in the Philippines ...

Shoosmiths LLP | March 2024

The government’s push to drive down net migration figures has been well documented. 2024 will see a raft of changes aimed at reducing this figure from the 745,000 that was recorded for 2022. Whilst there is no doubt that the changes will result in reduced migration, it will also make things more difficult for sectors that rely on the sponsorship system to fill vacancies in areas where there are skills shortages in the resident labour market ...

Dinsmore & Shohl LLP | March 2024

On March 8, 2024, just days before it was set to take effect, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB’s”) recent rule on determining the standard for joint-employer status. The NLRB issued the rule on October 26, 2023. It established a seven-factor analysis, under a two-step test, for determining joint employer status ...

Violence in the workplace is something all employers prohibit and try to prevent. Healthcare employers have a tougher time, because the violence often comes from patients. How do you best protect workers while still providing needed patient care? There are no federal laws addressing this issue, so some states have stepped in. Recently, Texas joined states like California in enacting statutory protections against workplace violence directed at healthcare workers.[1] Texas S.B ...

Many founders are familiar with tax-exempt charitable organizations. These nonprofit entities—which are commonly known by reference to Section 501(c)(3) of the Internal Revenue Code—are operated exclusively for a broad range of charitable purposes.  501(c)(3) organizations come in a wide range of flavors, including private foundations, donor-advised funds, and public charities ...

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