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For as long as there have been rules of evidence and courtrooms, there have been products that can impair litigants or witnesses—and products whose use carries the potential to trigger certain stigmas in the eyes of the finders of fact. Cannabis, which has been around longer than nearly every judicial system in the world and the subject of political and popular debate in the United States for the past century, may be the paradigmatic product at the moment ...

Kudun and Partners | November 2023

Navigating the intricate landscape of Thailand labour laws can be a challenging endeavor for both domestic and foreign enterprises. The regulations, while designed to foster fairness and harmony in the workplace, can be vast and complex. Hence, it becomes imperative for businesses and individuals to find a trustworthy partner or expert who can guide them confidently through these legal intricacies ...

Shoosmiths LLP | November 2023

Since April 2018, the Minimum Energy Efficiency Standard (MEES) has prohibited landlords from renting commercial properties that do not meet certain environmental standards ...

Shoosmiths LLP | November 2023

Our latest article in the HR Improve series is focused on workplace investigations, and the steps which employers can take to conduct an effective investigation process. Fairness One of the key steps to ensuring that a fair process is followed during a grievance or disciplinary procedure, is carrying out a reasonable investigation to establish all of the relevant facts of the case and whether further action is required ...

The U.S. Government Accountability Office's recently issued annual bid protest report is noteworthy because it shows that 31% of bid protests were sustained — more than double the rate for prior years— and that protesters received some form of relief from the procuring agency in more than half of the protests filed with the GAO in fiscal year 2023 ...

Shoosmiths LLP | November 2023

A recent data protection fine highlights the risks of getting a few key things wrong. Fines for large data security breaches always grab press attention, however a recent €600,000 fine from the French data protection regulator (the CNIL) brings into sharp focus the risks for businesses when they get a few key things wrong without any catastrophic failures amongst them ...

Shoosmiths LLP | November 2023

In this article we highlight the most significant employment law cases since July 2023 and the lessons that employers should take from them. Making reasonable adjustments during recruitment The case of AECOM Ltd v Mallon is a useful reminder of the duty on employers to make reasonable adjustments for job applicants who are disabled under the Equality Act 2010 ...

Carey | October 2023

Following the route set out in the ongoing constitutional process and taking into consideration the draft prepared by the Expert Commission and the amendments presented during the respective discussion in the Joint Commission, the Constitutional Council approved yesterday, the Preliminary Draft of the New Constitution ...

Afridi & Angell | October 2023

Under the employment law that was previously in force in the UAE, employers were not permitted to terminate an employee’s employment (even with notice) absent a “legitimate reason” and if “the reason for such termination has no connection with work”. In other words, the concept of termination “at will” was not recognised as an enforceable right in the context of an employer-employee relationship ...

Shoosmiths LLP | October 2023

On October 24, the Head of Enforcement at the Securities and Exchange Commission (SEC), Gurbir Grewal, addressed the New York City Bar Association. Grewal's speech covered a range of topics, highlighting the landscape of regulatory enforcement and compliance by the SEC with three themes: education; engagement; and execution ...

Shoosmiths LLP | October 2023

Only five months after its first reading on 17 May 2023, the future is already in doubt for key aspects of the Renters (Reform) Bill. The changes proposed by the Bill include the abolition of ‘no fault’ evictions under section 21 of the Housing Act 1988, meaning that landlords would be required to rely on the more combative section 8 process ...

Dinsmore & Shohl LLP | October 2023

The SEC issued enforcement orders against three companies for including terms in their employment and separation agreements that violated Rule 21F-17(a) of the Securities Exchange Act of 1942, commonly known as the whistleblower protection rule. The rule prohibits any action that impedes an individual from communicating directly with SEC staff about a possible securities law violation ...

Dinsmore & Shohl LLP | October 2023

On October 26, 2023 the National Labor Relations Board (“NLRB”) issued a final rule on when an entity may be considered a joint employer of a group of employees. The rule was first proposed on September 7, 2022 ...

Buchalter | October 2023

By: Adam Smith, Chris Mason, Jennifer M. Misetich, Kathryn Fox and Thomas M. O’Connell Executive Summary The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when determining if two or more entities are joint employers ...

Afridi & Angell | October 2023

Article 54 of the Labour Law (Federal Decree-Law 20 of 2023 on the regulations of labour relations, as amended) dealing with employment disputes has been amended to give greater powers to the Ministry of Human Resource and Emiratisation (the Ministry). The amended provision shall come into effect from 1 January 2024 ...

Shoosmiths LLP | October 2023

Earlier in the year, we reported on the government’s announcement of increases to visa and nationality fees. These increases to application fees came into force on 4 October 2023, other than the substantial increase to the Immigration Health Surcharge (IHS) which was expected to come ‘later in the autumn’ ...

Buchalter | October 2023

October 23, 2023  By: Leah Lively and Alexandra Shulman This month, dozens of class action lawsuits have been filed in Washington, based on alleged violations of Washington’s Equal Pay and Opportunity Act ...

Carey Olsen | October 2023

For those considering such a move, there are various options open to them to make their relocation a reality: Residency Certificate for Persons of Independent Means Certificate of Permanent Residence for Persons of Independent Means  Certificate of Direct Investment  Residency Certificate (Substantial Business Presence) Residency Certificate for Persons of Independent Means A person can apply for a Residency Certificate for Persons of Independent Means ...

On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) published new proposed enforcement guidance ("the Proposed Guidance”) on harassment in the workplace. This is the first proposed EEOC guidance on workplace harassment since the turn of the century ...

Shoosmiths LLP | October 2023

One of the most common questions I receive from clients is around the termination of leases, with confusion reigning around the terminology and procedures used in Scotland. It is not surprising that when given a remit to consider the law of commercial leases, the Scottish Law Commission (SLC) first turned its attention to the law relating to the termination of leases at expiry. In October 2022, following consultations, the SLC published its Report on Aspects of Leases: Termination ...

Buchalter | October 2023

October 18, 2023 By: Leah Lively California Governor Gavin Newsom recently signed SB 525 into law, which amends the California Labor Code to set industry minimum wage requirements for nearly all healthcare workers, whether they are hourly or salaried employees, or independent contractors. The law also provides these workers with an independent private right of action to enforce these minimum wage requirements ...

Shoosmiths LLP | October 2023

PSNI v Agnew & Others: landmark Holiday Pay judgment from the UK Supreme Court. On 4 October 2023, the Supreme Court released its long-awaited judgment in the case of PSNI & Others -v- Agnew & Others, on the issue of holiday pay. We explain the outcome of the case and what it means for employers ...

Shoosmiths LLP | October 2023

We have previously commented on the impact environmental concerns are having on those working in the traditional energy sectors. In particular, the focus on renewable energy has left many oil and gas workers nervous about their job security and ability to find alternative work if they are made redundant. Thankfully, it appears those concerns might be unfounded ...

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