The labor shortage that affects all of Quebec and many other provinces has been a well-known problem for several years. Almost every week brings its share of companies that have to close their doors or limit their activities due to a lack of staff in positions of all kinds. To work within our borders, foreign employees must first obtain the necessary authorizations ...
On May 23, 2019, by a vote of 417-3, the United States House of Representatives passed the Setting Every Community Up for Retirement (SECURE) Act. Notwithstanding broad bipartisan support, the bill stalled in the United States Senate until Dec. 19, 2019, when it passed a budget reconciliation bill (H.R. 1865, the Further Consolidated Appropriations Act of 2020 [the “Act”]), which contains the provisions from the SECURE Act. The president signed the Act on Dec. 20 ...
On December 16, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, the National Labor Relations Board (Board) returned to the standard outlined in Register Guard, which announced that employees have no statutory right to use employer equipment, including IT equipment, for activity protected under Section 7 of the National Labor Relations Act.1 The decision expressly overrules the Board’s decision in Purple Communications, Inc ...
In a long-anticipated decision on Dec. 16, 2019, the National Labor Relations Board (NLRB or Board) scuttled a 2015 agency decision that presumptively prohibited employers from requiring confidentiality of investigative reports. In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB returned to its previous standard that presumes the legality of the maintenance of work rules requiring confidentiality of investigative interviews between an employer and employee ...
The National Labor Relations Board (NLRB), in Valley Hospital Medical Center, 368 N.L.R.B. 139 (Dec. 16, 2019), ruled an employer’s obligation to check off union dues expires along with the underlying collective bargaining agreement. This overrules a 2015 board decision and reestablishes a longstanding rule first articulated in 1962. Reasoning Employers and unions must negotiate in good faith over workers’ terms and conditions of employment ...
On Dec. 13, 2019, the National Labor Relations Board (NLRB) announced a Final Rule which modifies representation case procedures. The amendments modify the procedures to permit parties additional time to comply with various pre-election requirements instituted in 2015 ...
Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970 ...
Under a new proposed rule, certain required disclosures could be provided electronically to all retirement plan participants, including former employees and beneficiaries. On October 23, 2019, the U.S. Department of Labor issued a proposed rule intended to expand the use of internet technology to furnish ERISA-required disclosures to plan participants, and to reduce printing and mail expenses ...
Under a new proposed rule, certain required disclosures could be provided electronically to all retirement plan participants, including former employees and beneficiaries. On October 23, 2019, the U.S. Department of Labor issued a proposed rule intended to expand the use of internet technology to furnish ERISA-required disclosures to plan participants, and to reduce printing and mail expenses ...
The dangers of workers developing silicosis amid the fabrication of engineered stone has become a topic heavily discussed in the news and elsewhere recently. Silicosis is a lung disease that develops from the exposure and inhalation of silica particles. On October 2, National Public Radio (“NPR”) aired a story entitled “Workers Are Falling Ill, Even Dying, After Making Kitchen Countertops ...
2019 was a banner year for Governor Gavin Newsom. The Governor signed numerous bills into law, most of which are not employer friendly. For an in-depth analysis of how each law might affect your organization, contact your Hanson Bridgett labor and employment lawyer and/or join us for our Annual Client Seminars on January 28, 2020 (Walnut Creek), January 29, 2020 (Sacramento), or January 30, 2020 (San Francisco). Unless otherwise indicated, each new law takes effect on January 1, 2020 ...
A few weeks ago, CalPERS issued a Circular Letter to provide guidance to contracting agencies about reporting the uniform allowance, a statutory form of special compensation that applies only to classic CalPERS members. The Circular Letter provides much needed guidance about the uniform allowance, specific examples of reportable and non-reportable items, and reporting standards ...
The U.S. Department of Homeland Security (DHS) published a final rule on January 11, 2019, introducing electronic registration requirement for employers seeking to file H-1B cap-subject petitions. The final rule went into effect on April 1, 2019, though the electronic registration requirement was suspended Fiscal Year 2020 (October 1, 2019 – September 30, 2020) to allow USCIS to complete user testing and ensure the system and process are fully functional ...
On November 6, 2019, the IRS announced in Notice 2019-59 cost of living adjustments to the qualified plan dollar limits for 2020. Below is a summary of the limits that are generally relevant for most retirement plans. Effective January 1, 2020: The elective deferral limit for 401(k), 403(b), and eligible 457(b) plans is increased from $19,000 to $19,500. The catch-up contribution limit for those age 50 or older is increased from $6,000 to $6,500 ...
The U.S. District Court in Portland, Oregon, issued a 28-day temporary restraining order (TRO) in an unusual weekend session just before the “Presidential Proclamation on Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” was to go into effect on November 3, 2019. Judge Michael H. Simon agreed to “freeze things the way they are” so a determination can be made on the merits of the case ...
Starting Nov. 1, 2019, employers in Illinois with at least 25 employees must comply with the Illinois Secure Choice Savings Program Act (Secure Choice Program) or offer employees an employer-sponsored retirement plan ...
The fate of Assembly Bill 5 (AB 5) may be headed to the voters. Uber, Lyft, and DoorDash have unveiled the Protect App-Based Drivers and Services Act, a $90 million ballot initiative targeting AB 5. AB 5, signed by Governor Newsom on September 18, 2019, is expansive legislation that has potentially significant impact on California employers. AB 5 broadly adopts a new test for determining whether a worker is an independent contractor or an employee, with far-reaching implications ...
With the recent proliferation of mass shootings and other deadly incidents, several states have taken on the issue of allowing mental and/or emotional impairments caused by post-traumatic stress disorder (PTSD) to be a compensable workers’ compensation condition for first responders without the requirement of a physical injury. In June 2019, House Bill 80, the budget bill for the Ohio Bureau of Workers’ Compensation, included such a proposal ...
Governor Newsom has signed several bills that impact the cannabis industry by providing relief from federal income tax deduction limitations, encouraging minority participation, encouraging union membership, and clarifying some other existing regulations. The bills include: Assembly Bill 37 repeals the limitation on deductions for business expenses for cannabis businesses, which had previously conformed to Internal Revenue Code section 280E for state tax purposes ...
In LG-2018-161055 the Court of appeal, in a case regarding preliminary action, gave an elaborated assessment regarding under what conditions an employer can deprive an employee of his or her duties in the notice period. Introduction An employer only exceptionally has the right to deprive a dismissed employee of his or her duties within the period of notice. For this to be possible, there must be "particularly compelling reasons" ...
On September 23, 2019, the IRS published final regulations that amend the rules for hardship distributions from 401(k) and 403(b) plans. The regulations finalize the proposed regulations issued in November 2018 to implement statutory changes made by the Tax Cuts and Jobs Act of 2017 and the Bipartisan Budget Act of 2018 intended to make it easier for plan participants to take hardship distributions ...
In the False Claims Act (FCA) case of Feinwachs v. Minnesota Hospital Association, the district court recently upheld relator David Feinwachs’ claim of work-product privilege over emails sent to his work email account. No. 11-cv-0008, 2019 U.S. Dist. LEXIS 155027 (D. Minn. Sept. 11, 2019). Feinwachs was formerly general counsel of the Minnesota Hospital Association (MHA), a trade association of Minnesota hospitals and health care systems ...
Cincinnati, Ohio has joined a small but growing list of states and municipalities that ban discrimination on the basis of natural hair styles. On Oct. 9, 2019, the Cincinnati City Council voted 7-1 to add a hair-bias ban to the city’s existing non-discrimination law ...
The labour and employment sector has once again seen many changes – both in terms of the initiatives of the legislator as well as changes in the way the sector works. One important change has been the implementation of the Law on Protection of Business Secrets (Gesetz zum Schutz von Geschäftsgeheimnissen – GeschGehG). The economic relevance of business secrets is very high ...
1. TERMS OF EMPLOYMENT 1.1 STATUS OF EMPLOYEE In Germany, an employee (Arbeitnehmer) enjoys a special status that is described as the personal obligation to perform work upon the employer’s instructions, without entrepreneurial risks and in a situation of economic dependence (to a certain degree) on the employer ...
