Up until now, there has been no suspension of a notice period served upon an employee who has been made temporarily unemployed under the ‘corona’ regime. Such a notice period started during the corona temporary unemployment and continued to run during this period. Given, as a consequence, employers would be able to dismiss employees 'cheaply', a draft bill was submitted in Parliament to have the notice period suspended in the event of corona temporary unemployment ...
In a landmark decision issued today, the Supreme Court of the Unites States ruled that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination against gay, lesbian, and transgender people. The case involved consolidated lawsuits filed by two gay persons fired due to their sexual orientation and a transgender woman fired after revealing plans to transition from male to female ...
The General Data Protection Regulation (the "GDPR") came into force a little over two years ago, on 25 May 2018 and the first administrative fines were imposed in Finland in late May 2020. What is noteworthy is that in two out of the four decisions, the fines concerned violations of processing of personal data of employees and job applicants ...
In a highly anticipated decision, the U.S. Supreme Court held Title VII of the federal Civil Rights Act protects LGBTQ employees from being fired because of their sexual orientation or gender identity. The opinion, released on June 15, 2020, was a consolidation of three federal appellate court decisions—Bostock v. Clayton County; Altitude Express v. Zarda; and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission ...
Last week, the U.S. Food and Drug Administration (FDA) issued guidance for the health care industry, titled “Temporary Policy on Prescription Drug Marketing Act Requirements for Distribution of Drug Samples During the COVID-19 Public Health Emergency ...
The United States Senate passed S. 945, the “Holding Foreign Companies Accountable Act” (the HFCAA), by unanimous consent on May 20, 2020. The HFCAA was first introduced in the Senate on March 28, 2019 by Senator John Kennedy (R-LA) and co-sponsored by Senator Chris Van Hollen (D-MD) ...
On 27 May 2020 the Federal Council adopted the Ordinance on Protecting against Cyber Risks (OPCy, available in French and German), which is set to enter into force on 1 July 2020. This move is the next step in a series of measures taken by the Federal Council to adopt a new organisational structure and implement a national strategy to protect Switzerland against cyber risks (NCS, available in German, French, Italian and English) ...
With COVID-19 taking its toll on some businesses, employees may find themselves placed at risk of redundancy. This article looks at the practical steps an employer should take when carrying out an individual redundancy consultation. Individual consultation is fundamental to the fairness of any dismissal for redundancy ...
As non-essential retail stores get set to re-open, we share below some key recommendations for suppliers to help minimise competition law risk over the coming weeks and months. Current market conditions are tempting some people to reach out to their counterparts at competitors – but any competitor contact needs to be managed carefully from a competition law perspective ...
On June 10, 2020, the Occupational Safety and Health Administration (OSHA) released new guidance, in the form of frequently asked questions and answers, regarding the use of masks in the workplace.[1] The new guidance serves to help employers ensure employees know how to properly wear masks and which type of mask is appropriate. OSHA explains the difference between cloth face coverings, surgical masks, and respirators ...
Key Points New legislation allows longer 24-week period for payroll costs that will be forgiven under Paycheck Protection Program loans Maximum forgiveness of loan can be achieved if 60% of the proceeds are used on payroll costs New broader safe harbor to avoid FTE-based reduction in forgiveness amount New legislation signed into effect on June 5, 2020, received bi-partisan support to address complaints about the current Paycheck Protection Program ("PPP") loans for small busines
ALRUD’s Labor experts have prepared the material that is useful for each employer in the current situation: Checklist: Reopening of business after lifting restrictions. The checklist includes the main steps that must be taken to return the company and employees usual work activities after lifting the restrictions. Most interesting for company managers, HR directors, Compliance officers, heads of legal departments ...
Special Report "COVID-19 in Central America" on special measures taken in each country of our region prepared by the multidisciplinary team of Consortium Legal. The information contained in this publication is for information purposes only and does not constitute legal advice. The information is constantly updated and is subject to change ...
On May 27, 2020, the U.S. Patent and Trademark Office issued a further extension of certain deadlines that were about to expire on May 31. The latest order provides until July 1, 2020 for certain actions delayed due to COVID-19. For small and micro entities only, filings that would have been accepted if filed by June 1, 2020, will now be deemed timely if filed by July 1, 2020 ...
As dealer networks in the automotive sector re-open for business following the COVID-19 lockdown, we share below our main competition law watch outs for suppliers over the coming weeks and months. We know that current market conditions are tempting some people to reach out to their competitors – any competitor contact needs to be managed carefully from a competition law perspective ...
As the saying goes “when the wind blows, some people build walls, while others build windmills". We know that we’re facing a crisis unlike any other, but what’s been illustrated clearly is that a lot of our old assumptions on how we work can be challenged. We can be working smarter, faster, better. We want to emerge from lockdown with something positive to show for it: a new normal better than the old one. We need a new how ...
Preparation of financial statements and corporate income tax, recommencement of time periods, remote trials, gradual return to workplaces, insolvency proceedings and compliance with criminal law In a new edition of our COVID-19 Special Newsletter, we examine the key new legislation approved over the past two weeks in all areas of business law ...
It is astonishing that in the same week that we’ve read about astronauts going into space in a reusable rocket, we have also experienced the horrors of humanity reading about the killings of George Floyd, Ahmaud Arbery and Breonna Taylor ...
As Pro Bono Counsel at a large southern law firm and the former Executive Director of the Mississippi Access to Justice Commission, Tiffany Graves sees how systemic inequities affect minority groups on a daily basis. “Firms have to do more,” she says, to counteract institutional racism and bring much-needed reforms to America’s legal and justice systems ...
On June 8, the Federal Reserve announced a number of changes to the Main Street Lending Program (“MSLP”), involving all three facilities, the Main Street New Loan Facility (“MSNLF”), the Main Street Priority Loan Facility (“MSPLF”), and the Main Street Expanded Loan Facility (“MSELF”) ...
On June 5, the President signed the PPP Flexibility Act. As first described in Buchalter’s previous ALERT, this new law creates the following adjustments to PPP requirements: For loans entered into on or after the date the Act became law, the minimum repayment period is to be extended from 2 years to 5 years. For loans prior to that date, the borrower and lender may agree to extend the loan term to 5 years ...
In our earlier two blog posts, Returning the Workplace to Safe Operation: Part 1, Part 2, we addressed the occupational health and safety issues surrounding returning the workplace to safe operation. This blog post addresses the employment issues related to managing the return of employees to the workplace from temporary layoff or working from home ...
Even though OSHA has advised that no specific standard covers the novel coronavirus, human resource and safety personnel must be mindful of the generally-applicable standards that might apply. OSHA has issued several guidelines that, while not the rule of law, do offer guidance on addressing COVID-19 issues, including recordkeeping and 300 log reporting obligations. On April 10, OSHA issued guidance that appeared to limit what cases would be required to be reported on OSHA 300 logs ...
On May 23, 2020, the notice related to the Employment Protection Fund was jointly published by the Ministry of Labor and Social Welfare and the Ministry of Economy, through which a new electronic procedure was implemented for the registration, control and authorization of total suspensions (individual or collective) of employment contracts ...
The Ministry of Public Health has published changes in the strategy to be followed for the eventual de-escalation of the confinement measures to be followed, repealing agreement 144-2020 ...