In M.F. v. Pacific Pearl Hotel Management LLC, Case No. D070150 (October 26, 2017), the California Court of Appeal revived a case in which an employee, who had been raped by a trespasser on the employer's premises, sued her employer under the California Fair Employment and Housing Act (FEHA) for sexual harassment by a non-employee and for failure to prevent such harassment. The court concluded that the allegations overcame the workers' compensation exclusivity doctrine ...
The current Administration continues to be active in the area of immigration law and policy, and has promulgated several Executive Orders (“EO”), mostly directed to immigration enforcement and national and public security. The exception is the April 2017 Buy American, Hire American Executive Order, which extends to and impacts professional work visas ...
A common question our Education Law Group receives is, “Can an employee rescind his or her written resignation that has been submitted to the superintendent and is waiting on approval from the board of education?” Unfortunately the question often arises frequently in situations where the employee is not the “best employee” and administration feels thankful upon receipt of the resignation ...
Employers should recognize three common mistakes in determining a valid workers’ compensation claim and in preparing to defend an invalid claim: 1. Failure to Investigate Thoroughly An initial thorough investigation of a workers’ compensation claim can be the key to determining a valid claim or a successful defense to an invalid claim at hearing. Early investigation allows for comprehensive documents-gathering and discovery ...
The Ugandan Insurance Regulatory Authority (“IRA”) has released clarification on its recently published bancassurance guidelines. Following the publication of the Insurance (Bancassurance) Regulations, 2017, the IRA published guidelines on the licensing of financial institutions as bancassurance agents ...
Key employment bills were signed into law by Governor Jerry Brown at the close of the 2016-2017 legislative session. The bills take effect January 1, 2018, unless noted otherwise. Here’s what you need to know: Ban the Box (AB 1008): AB 1008 follows the “ban the box” regulations promulgated in July 2017 and creates new state-wide restrictions on the use of criminal history in hiring decisions under the California’s Fair Employment and Housing Act (FEHA) ...
On October 19, 2017, the IRS announced in Notice 2017-64 cost of living adjustments to the qualified plan dollar limits for 2018. Some of these limits did not change from 2017 because the increase in the cost of living index did not meet the statutory thresholds that trigger an adjustment. Below is a summary of the limits that are generally relevant for most retirement plans ...
At the end of the 2017 Legislative Session, California Governor Jerry Brown signed two new laws that will impact employers' hiring processes as of January 1, 2018.[1] To start, AB 1008 repeals the "ban the box" requirement in the California Labor Code, which currently applies only to public employers, and replaces it with an amendment to the California Fair Employment and Housing Act, which will apply to both public and private employers ...
The purpose of this alert is to provide victims of the Napa/Sonoma fires a checklist to use when seeking recovery from their insurance companies. Property Insurance policies may provide coverage for damage to both your property and your business. Business losses can result from a variety of causes, all of which may be covered under a property policy ...
The technology that forms the foundation for digital currencies like Bitcoin could be the technology that provides unprecedented security for and access to medical records. The Blockchain For years, online communities sought increased freedom and autonomy by shielding their economic activities from the government and corporate intermediaries ...
In the court Decision earlier this year for Barbulescu vs Romania, the Grand Chamber of the European Court of Human Rights (the “ECHR”) examined for the first time the issue of the monitoring of electronic communications of an employee by a private employer, within the framework of an action brought by Mr Barbulescu, an engineer employed by a private company in Romania ...
The autonomous vehicle industry is pressing forward, full speed ahead. The conveniences and efficiencies created by shifting to self-driving vehicles are expected to drive vast economic growth and generate widespread consumer demand. Given the potential benefits, it is no wonder that autonomous technologies are now being embraced by a variety of market players— ranging from small start-up tech companies to perennial automotive giants ...
In Mpanza and another v Minister of Justice and Constitutional Development and Correctional Services and others, the South African Labour Court dealt with a dispute about whether an employer was entitled to make deductions from the remuneration of two employees in circumstances where they were absent from work ...
I lost my home in the 1991 Oakland Firestorm. As such, my heart goes out to the residents of Napa, Mendocino and Sonoma counties whose homes were damaged or destroyed, to the firefighters and first responders who have risked and are risking their lives, as well as to the community, which will also experience the aftermath of such devastating fires ...
On 25 May 2018, a new set of privacy rules formed by the European Union (“EU”) will take effect. The General Data Protection Regulation (“GDPR”) seeks to replace the Data Protection Directive 95/46/EC. Organisations – including many African ones – will need to make changes to their oversight, technology, processes, and human resources to comply with the GDPR ...
Yesterday, U.S. Attorney General Jefferson Sessions issued new guidance reversing the federal government’s former position that gender identity is protected under Title VII. In a memo sent to the heads of all federal agencies and the U.S. attorneys, the attorney general stated that as a matter of law, “Title VII does not prohibit discrimination based on gender identity per se ...
Rights of Persons with Disabilities Act - A well meaning legislation albeit with complex terms, anomalies and aggressive penal provisions The Rights of Persons with Disabilities Act (“the Act”) is undoubtedly a welcome and much awaited enactment. The genesis of the Act lies in the UN Convention for persons with disabilities and the Act seeks to fulfill India’s obligations under this International treaty ...
Effective October 1, 2017, USCIS expanded adjustment of status in-person interviews for individuals seeking permanent residence in the United States. While interviews have regularly been required for some family-based permanent residence cases, interviews involving employment-based cases have generally been waived ...
As seen in Law Journal Newsletters The False Claims Act (FCA or Act) can be a real punch in the gut for businesses on the wrong side of an FCA claim. The Act, codified at 31 U.S.C. §§ 3729-3733, is designed to prevent private companies contracting with the government from knowingly submitting false or fraudulent claims for their services ...
On June 30, 2017, Governor Kasich signed the workers’ compensation budget bill. House Bill 27, which funds the Bureau of Workers’ Compensation, also made several important changes significant to Ohio employers. The changes are effective September 29, 2017. The most impactful portions of House Bill 27 involve a modification in the injury statute of limitations for filing a claim, reducing the filing from two years of the date of injury to one year ...
Many of us are aware of the popular myth that ostriches believe burying their heads in the sand will make them invisible to predators. In other words, an “if I can’t see you, you can’t see me” approach. Even though scientists will tell you that this is not true, the approach seems to bear a resemblance to the online behaviour of some humans ...
Under RERA, the promoter of a real estate project is obliged to obtain the requisite insurance policies required to secure the development of project and insurances as may be notified by the government. The lack of transparency and uniformity in the Indian real estate market has done little to entice insurance companies from tapping into lucrative land deals and developing insurance products for the real estate sector ...
Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected? A new economic reality functioning in cyberspace has arisen before our very eyes. Human activity, both positive and negative, is moving to the virtual arena that functions above and beyond state borders ...
Irina Anyukhina, ALRUD Partner, heading Labour and Employment practice, prepared an article for September issue of “Discrimination and Equality Law News”, published by International Bar Association Legal Practice Division. In the article, Irina describes current trends in court practice on discrimination claims in Russia ...
Overturns Lower Court’s “Monumental Failure of Legal Reasoning” The West Virginia Supreme Court has dissolved the preliminary injunction of a lower court prohibiting the enforcement of the state’s right to work law. The majority agreed to remand the litigation to the lower court for a decision on the merits of the AFL-CIO’s constitutional challenge to the West Virginia Workplace Freedom Act ...
