THE FACTS In January 2001, Synertech established two individual pension plans for two of its executives, that is the individual pension plan for Mr. François Bérard (the “Bérard Plan”) and the individual pension plan for Mr. Michael Pons (the “Pons Plan”). In November 2008, Synertech amended these two pension plans, effective as of January 1, 2001 ...
Workplace Christmas parties are just around the corner. While such celebrations are a great opportunity to strengthen team spirit and acknowledge everyone?s hard work, it is important to remember that it is not only up to employers to make sure they run smoothly?their entire workforces, managers and employees alike, are also responsible. Just think of potential situations of harassment where alcohol and fun times are combined ...
By: Jennifer M. Misetich and Thomas M. O’Connell On September 11, 2023, an unprecedented deal was announced by labor groups and the fast food industry which would give California workers a $20 minimum wage and repeal The Fast Food Accountability and Standards Recovery Act (“FAST Act”) ...
Following the enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act, the Securities and Exchange Commission (SEC) has adopted an amendment to Rule 701(e) increasing the threshold amount of securities that can be sold during a 12-month period from $5 million to $10 million. Securities sold in excess of the threshold trigger enhanced disclosure obligations for the issuer ...
SUMMARYTHE SALE OF A BUSINESSGETTING READY TO SELL YOUR BUSINESS : ENVIRONMENTAL ISSUESTHE SALE OF A BUSINESS
Last December 23, the Supreme Court of Canada partially overturned the decision of the Quebec Court of Appeal in the case of Cinar Corporation v. Robinson1 and reinstated most of the conclusions of the Quebec Superior Court. BACKGROUND In the 1980s, Claude Robinson (“Robinson”) developed a project for a television series entitled “The Adventures of Robinson Curiosity” (“Robinson Curiosity”). He partnered with Pathonic to whom he had presented his project ...
In recent years, there has been a surge in new union organizing efforts and tactics to unionize and organize employers around the country. From Amazon workers in Jacksonville to Starbucks employees in 280 stores and counting, unions are imploring workers to turn to unions to help address issues like low wages, lack of benefits, and poor working conditions. Unionizing has become more heavily publicized, even romanticized, in the media and many employees have bought in to the movement ...
Disclaimer: To provide employers with quick and practical information about how to comply with their obligations between now and the entry into force of the Law (as defined below), this newsflash has been prepared on the basis of Bill of law n°7890 as debated and voted on in Parliament on 13 June 2023 ...
Philippine government agencies continue to issue additional and more specific guidelines on dealing with business continuity concerns, in light of more enterprises being able to resume operations under the Modified Enhanced Community Quarantine (MECQ), and more areas now being under the less restrictive General Community Quarantine (GCQ). This briefing covers the following more recent advisories: Department of Labor and Employment (DOLE) Labor Advisory No ...
After two years of navigating COVID-19, the end of 2022 will be an opportunity for employers to organise larger activities for their employees, such as Christmas parties. The purpose of this newsletter is to make employers aware of their obligations during the holiday season festivities. Below, we will address the following three issues: industrial accidents, disciplinary measures and psychological harassment ...
On 31 December 2023 under the Retained EU Law (Revocation and Reform) Bill, all retained EU law will be revoked. Suzanne Burrell, partner, and Kim Muddimer, PSL at Shoosmiths examine the background to the Bill and the possible impact on UK occupational pension schemes. On 22 September 2022, the UK government announced that all retained EU laws will be sunset (meaning revoked) on 31 December 2023 under the Retained EU Law (Revocation and Reform) Bill (Bill) ...
On July 28, 2010, the Tribunal administratif du Québec (“TAQ”) confirmed a decision of the Régie des rentes du Québec (the “Régie”) which had refused to register adverse amendments(1) made to a pension plan despite the consent given to the amendments by the sole member of the plan.(2)The purpose of the amendments was, on the one hand, to replace the 2% pension benefit formula with a 1 ...
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment. This occurred in its recent decision inNUMSA obo Nganezi & Others v Dunlop Mixing and Technical Services (Pty) Ltd & Others. Factual background During August 2012, Dunlop’s employees embarked on a protected strike ...
Dear valued clients, colleagues and friends, On 30 March 2022, the Employment (Amendment) Bill 2021 (“Amended Bill”) was passed in Dewan Negara (Senate). In this update, Vijayan Venugopal and Nur Najehah will outline the key changes and upcoming issues which employers should be aware considering this recent development. At the outset, before diving into the issues, it is important to first understand the present status of the Amended Bill ...
Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below. Will nursing homes be overwhelmed by wrongful death lawsuits? The daughter of a woman suspected to have died from COVID-19 has filed a wrongful death suit against the company who owns the Life Care Center of Kirkland where her mother was a resident ...
Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts ...
The Race Discrimination Ordinance (RDO) came into force last week on 10 July 2009 following the passage of the Code of Practice on Employment under the RDO (Code) in the Legislative Council on 9 July 2009. Accordingly to reports in the South China Morning Post, one organisation has already said that it has prepared two cases for the Equal Opportunities Commission to tackle under the RDO ...
Last December, the Minister of Employment and Social Solidarity unveiled the Quebec government's action plan with the goal of [translation] "correcting and restoring the situation of pension plans" ...
On February 5, 2014, the Minister of Labour announced that as of May 1, 2014, the minimum wage will be increased by $0.20 an hour to $10.35 an hour. The hourly minimum wage of employees receiving tips will be increased to $8.90 an hour, which represents an increase of $0.15 an hour. Finally, the minimum wage payable to raspberry or strawberry pickers will continue to be established on a per kilogram picked basis. From May 1, 2014, this rate will be increased to $3 ...
The U.S. Equal Employment Opportunity Commission (EEOC) has published its proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA, which became effective on June 27, 2023, requires employers to provide reasonable accommodations to employees and applicants suffering limitations from pregnancy, childbirth or related medical conditions ...
The LA CAPITALE Ruling has been expected since 2009, when the Superior Court authorized a Class Action against an insureer who had unilateraly modified the Waiver of Premiums Clause in a group insurance contract in 2001 ...
This is a briefing on the following issuances as of May 10, 2020 in relation to the COVID-19 pandemic: A. Suspension of Periods to File Applications and Other Documents with the Department of Labor and Employment (DOLE) B. Issuances Supplementing the Inter-Agency Task Force on Emerging Infectious Diseases’ (IATF) Omnibus Guidelines on Community Quarantine (Omnibus Guidelines) C ...
For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class,the employer must make an adverse employment decision, and the employermust act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success ...
For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and the employer must act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success ...
On 10 January 2024, the Pensions Regulator’s General Code of Practice was laid in Parliament, 2 years and 9 months after it was first published for consultation ...
