As noted in numerous recent publications, captives have been receiving an increased amount of regulatory attention, not just from the domicile states which regulate them, but, more significantly, from national or international bodies. The NAIC Captives and Special Purpose Vehicles Working Group completed its examination of captives and now two captive related proposals are being considered at the NAIC ...
Five years after the enactment of Decree 330/2009 that regulated Law No 18.360 referred to the obligation of providing, on both public spaces and private spaces with influx of people, with Automatic External Defibrillators (AED), we remind you that the general obligation of instructing personnel about Basic Cardiac Resuscitation (BCR) technics is now effective ...
On December 12, 2013, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures1 (“Bill C-4”) received royal assent. Bill C-4, which consists of more than 300 pages, proposes a significant number of legal amendments, some of which relate to the Canada Labour Code2 (“CLC ”). On June 18, 2014, the amendments were set to take effect on October 31, 2014 ...
In Québec, the objective of the Act Respecting Occupational Health and Safety1 (the “Act”) is the elimination, at the source, of dangers to the health, safety and physical well-being of workers. Recently, the Supreme Court of Canada rendered a decision in the Dionne v ...
On July 25, 2014, the Supreme Court of Canada rendered its decision in Québec (Commission des normes du travail) v. Asphalte Desjardins inc.1 In this ruling, which overturned a judgment by the Québec Court of Appeal,2 the Supreme Court concluded that an employer who receives notice of termination within a reasonable time period, as stipulated under article 2091 of the Civil Code of Québec3 (“C.C.Q ...
This decision of the Superior Court of Québec addresses a pregnant worker’s right to preventive withdrawal where said worker is employed by a business under federal jurisdiction.1 In this case, questions of constitutional jurisdiction were raised and the Superior Court confirmed that article 36 of the Québec Act Respecting Occupational Health and Safety2 (the “Act”) is not applicable to businesses under federal jurisdiction ...
The National Labor Relations Board’s (“NLRB” or the “Board”) general counsel Richard Griffin announced July 29, 2014 that he had authorized complaints in 43 unfair labor practice cases alleging that franchisor McDonald’s, USA, LLC is a joint employer with its franchisees ...
This past June marks nine years since the data breach at CardSystems Solutions, which involved the disclosure of names, account numbers and verification codes for some 40 million cardholders. Next month, we will pass the eight-year anniversary of the data breach at Monster.com, which involved the disclosure of contact information for some 1.3 million users ...
THE FACTS Wal-Mart Canada Corporation (hereinafter “Wal-Mart”) opened its Jonquière establishment in 2001. After the United Food and Commercial Workers, local 503 (hereinafter the “Union”), was certified to represent the employees in 2004, negotiations were initiated in view of concluding a first collective agreement ...
The Parliament of the Republic of Serbia adopted Amendments to the Labour Law (the “Law”) on 18 July 2014. These amendments are long awaited and have been avidly discussed for some time due to divided public opinion. The Law will come into force 8 days after it is published in the “Official Gazette of the Republic of Serbia”. Main novelties introduced by the Law are: Definite term employment The maximum duration of definite term employment has been extended to 24 months ...
According to the Court of Justice of the European Union (CJEU), commission should be taken into account when calculating holiday pay (see Lock v British Gas). At the end of July, the Employment Appeal Tribunal will consider whether voluntary and/or regular overtime and emergency call-out payments, should also be taken into account when calculating holiday pay (see Neal v Freightliner) ...
The Commission des relations du travail, both in its initial decision and on review, dismissed the complaints challenging the dismissal of an employee despite the absence of prior disciplinary measures. The complainant, who was hired in April 2011, held a position as an administration technician for the Human Resources Department of a CHSLD. In 2004, the complainant sought a position as staff management officer ...
According to the Council Regulation (EC) No 6/2002 on Community designs (CDR), you can protect a design without registering it. But here is the catch: the unregistered design must be new and have an “individual character”. So, what is individual character? A recent court case gives insight. It specifically addresses the fashion industry, but the ideas are useful for any company that does not register all of its designs ...
A parliamentary Act of 26 December 2013 fundamentally altered the Belgian rules for dismissals. It harmonised the dismissal rule for blue-collar and white-collar workers and obliged the employer to give a reason for the dismissal. Furthermore, it removed the insecurity felt by many employers when dismissing white-collar employees ...
In a win for policyholders relying on multiple coverage layers, the Fifth Circuit held on June 23, 2014 that an excess liability insurance policy could be triggered by exhaustion of a “retained limit” - equal to the limits of underlying insurance - even if the amounts paid to meet the “retained limit” were not covered by the excess policy. Indemnity Insurance Co. of N. Am., et. al. v. W & T Offshore Inc., -- F.3d --, No. 13-20512 (5th Cir. June 23, 2014) ...
In 2014, the Governor of Jakarta issued updates on the Jakarta Minimum Wage through the following regulations: Regulation No.54 of 2014 on the Minimum Sectoral Wage in the Province for 2014. Adjustments were made for the following industries under Regulation 54, namely Cosmetics, Automotive, Canned foods, Pharmaceuticals, Hospital Services, Radio and television, audio and visual recording devices; and Electronic household goods ...
On 26 March 2014, the Minister of Manpower and Transmigration (“Minister”) issued Circular Letter No. SE.3/MEN/III/2014 on The Implementation of Mandatory Manpower Reports by Companies (“Circular Letter”). The Circular Letter instructs all Governors and Regents/Mayors that all regional manpower offices within their jurisdiction, are to simplify the process of receiving and processing companies’ mandatory ‘manpower reports’ ...
It was in contravention of the Danish Act on Prohibition against Discrimination in respect of Employment to advertise for "student assistants who would like to earn some money for a year or so before starting further education". This was established by the Danish Board of Equal Treatment by its decision of 13 December 2013. The case involved a company's advertisement in a local paper in which the accounting department was seeking student assistants ...
Copying confidential emails to a private email account was not unlawful use of trade secrets, but the termination of the consultancy agreement was justified. This was established by the judgment of the Danish Eastern High Court on 27 January 2014. The case dealt with a consultant who throughout a period of ten years had been employed by the employer. The consultant had terminated the employment relationship for expiry at the end of August 2008 ...
By judgment of 6 January 2014, the Danish Eastern High Court found that a sales consultant did not have status as a salaried employee. The case involved a woman who for a period of 2 months had acted as a sales consultant for a company. Thereafter, the company decided to end the cooperation. The sales consultant made a claim for salary, holiday allowance, mileage allowance and compensation for lack of employment contract ...
New regulations that ban businesses from imposing excessive fees on consumers making payments will extend to small businesses from 12 June 2014. The Consumer Rights (Payment Surcharges) Regulations 2012 (the 'regulations') - the first of many legislative changes that form part of the major ongoing overhaul of consumer protection legislation - came into force for most businesses on 6 April 2013 ...
1 - What employment issues must companies consider in deciding whether to switch to the BYOD model? If companies are considering switching to the BYOD model, it can be worth considering implementing a clear IT policy regulating which devices the employee is allowed to bring and how to use them with the company's IT system ...
With international marketers readying for the upcoming FIFA World Cup, the Global Advertising Lawyers Alliance (GALA) has released Ambush Marketing: A Global Legal Perspective, which summarizes laws and other rules governing ambush marketing in 52 countries around the world ...
