Due to the COVID-19 pandemic, sweeping new laws and regulations having a tremendous impact on California workplaces were enacted in California in 2020 and 2021. Included, among numerous others, are laws imposing health and safety obligations on employers, regulations requiring employers to quarantine employees and provide wage replacement for employees exposed to COVID-19 in the workplace, along with mandated job-protected paid sick leave and extended paid family leave ...
This is the first in a mini-series of articles setting out how whistleblowing claims can be (and are being) pursued in the Employment Tribunal during the pandemic. This first article discusses the concept of a 'protected disclosure'. Whistleblowing is not always as dramatic or headline-grabbing as this, and disclosure can often be made on a more day-to-day level ...
Since the UK left the EU there have been monumental changes to immigration law that employers should consider while planning future recruitment and team structures. The free movement of people has ended and with it comes the need for EU workers to register under the European Settlement Scheme by 30 June 2021, the Skilled Worker visa and changes to other existing routes under the points-based system and even new routes ...
The negative impact of COVID-19 across the social and economic spectrum is undeniable. We reflect on the findings from the Social Mobility Commission and consider how employers can help give a much-needed boost to social mobility moving forwards. Research recently published by the Social Mobility Commission has given a snapshot of public perceptions of where and whom the pandemic has impacted most ...
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 the return to places of work ...
On May 11, 2021, the Center for Medicare & Medicaid Services (CMS) announced a new rule that will require long-term care facilities and residential facilities serving clients with intellectual disabilities to educate and offer COVID-19 vaccines to residents, clients and staff. This new requirement will closely align with current requirements for influenza and pneumococcal vaccines in long-term care facilities ...
For those of us in the dispute resolution world in construction, one cultural trait that is seen with nearly all contractors is a strong sense to do the job right. Most businesses are small, and closely held. And most contractors carry significant pride in their work product and in keeping their clients happy. That character extends not only to work in progress, but also to resolution of issues related to the work after it is complete ...
The Cal/OSHA Standards Board is scheduled to meet on May 20, 2021 to review proposed revisions to the Emergency Temporary Standards (“ETS”) on COVID-19 Safety in the workplace that were originally adopted in November, 2020. The rules are expected to be readopted with the revisions and sent on to the Office of Administrative Law for an abbreviated five-day public notice and comment period as an emergency action before taking effect ...
The Government of B.C. has tabled legislation which, for now, entitles employees to three paid sick days for leave related to COVID-19. Employers will be required to pay employees their full wages (based on an average of the prior 30 days). The proposed law (Bill 13) also allows for a permanent paid sick leave to be prescribed in the future. The B.C ...
In the latest article in our Tricky Issues series, we consider the need for follow-up right to work checks, the steps employers should take to carry out such checks and the legal position when dismissal is a consideration. “Why is a follow up check needed if I have already done a right to work check?” Employers in the UK must carry out right to work checks with all employees before they start their employment ...
The Office of Inspector General (OIG) has issued a favorable advisory opinion addressing an investment in an ambulatory surgery center (ASC) made by a health system, certain physicians employed by the same health system, and a management company. OIG Advisory Opinion No. 21-02 is the first advisory opinion since 2009 to provide guidance on ASC investments and related safe harbors to the Anti-Kickback Statute ...
Before going into the details of the proposal it should be mentioned that the actual rules of the proposal were not presented in the revised budget. The government stated that they aim to present the rules in the budget for 2022. The rules will also be subject to a hearing round and since the scheme constitutes state aid in accordance with the rules in the EEA Agreement, they will also require notification to and approval from ESA before implementation ...
On May 5, 2021, the U.S. Department of Labor (DOL) officially withdrew from the Trump-era rule for classifying workers as independent contractors. This withdrawal has been anticipated since President Joe Biden assumed his role, and was official on May 6. The DOL is expected to publish a Final Rule in the Federal Register within the coming days. Trump-Era Independent Contractor Test Contrary to FLSA Purpose and Intent On Jan ...
Open banking is an emerging financial services model that focuses on the portability and open availability of customer data held by financial institutions. It involves opening up banking systems, particularly customer data, to third parties to allow them provide services directly to customers ...
Electronic signature in employment documents The first set of amendments provided by the new normative act introduce expressly the possibility of concluding the individual employment agreement or addenda thereof using the qualified electronic signature or the advanced electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer ...
Dispute ResolutionThreshold to Commence Winding Up Proceedings RaisedBy the Federal Government Gazette Notification No. 4159 dated 22 March 2021, the amount of indebtedness required to commence winding up proceedings under section 466(1)(a) has been fixed at RM50,000.00 with effect from 1 April 2021.This means that a creditor may only commence winding-up proceedings against a debtor company where the debtor company has failed to satisfy a debt owed to the creditor exceeding RM50,000 ...
The impact of the pandemic can be seen across all sectors of society but those who are disabled have been particularly affected, not least because employees with an underlying disability are likely to have been identified as clinically extremely vulnerable and told to shield for considerable parts of the last year. Being away from the workplace and separated from colleagues has left many feeling insecure ...
To support our IHL community, on 21 April we hosted our latest webinar on “Fraud” where we discussed the recent upsurge in fraud due to home working, general awareness of fraudulent activity and what businesses can do to protect themselves. Here are the key takeaways: What types of fraud are you seeing at the moment? The world is a turbulent place right now, and therefore the perfect time for fraud and illicit activity to thrive ...
Unpacking the Economic Aid Act and American Rescue Plan Act: Consolidated First Draw PPP Interim Final Rule, New First Draw PPP Loans, and Increases to First Draw PPP Loans On January 6, 2021, the Small Business Administration (the “SBA”) and the Department of Treasury released an Interim Final Rule called “Business Loan Program Temporary Changes; Paycheck Protection Program as Amended by Economic Aid Act” (sometimes referred to as the “Consolidated First D
On January 6, 2021, the Small Business Administration (the “SBA”) and the Department of Treasury released an Interim Final Rule called “Business Loan Program Temporary Changes; Paycheck Protection Second Draw Loans” (“Second Draw Rules”). These rules announced the implementation of section 311 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the “Economic Aid Act”) ...
