To coincide with its 250th anniversary, Shepherd and Wedderburn commissioned the University of Strathclyde’s Fraser of Allander Institute to consider the future challenges and, more importantly, opportunities for Scotland’s economy ...
Effective September 29, 2018, the Ohio General Assembly significantly expanded the list of mandatory reporters of suspected elder abuse. Among others, medical professionals are now included on the longer list of individuals that must report suspected elder abuse, neglect, or exploitation. To see the list of included medical professionals, view the statute here. The General Assembly expanded the list of mandatory reporters with the goal of protecting vulnerable individuals from harm ...
The Ohio Supreme Court issued a decision on September 27, 2018 which clarifies the “voluntary abandonment” doctrine, and expands the circumstances under which a claimant’s own actions may preclude the payment of temporary total compensation in State, ex rel. Klein v. Precision Excavating & Grading Co., 2018-Ohio-3890 ...
Yesterday, OSHA issued a Trade Release announcing the revival of its Site-Specific Targeting Program (SST or Program). As we forecasted when OSHA first published the Electronic Recordkeeping Rule (Rule), OSHA will use 2016 Form 300A data – which employers submitted last December – to target specific worksites for comprehensive, programmed inspections ...
IN THIS ARTICLE, REENA ENBASEGARAM LOOKS AT THE ISSUE OF RESTRUCTURING THE WAGE SYSTEM OF HOTEL EMPLOYEES. Introduction Service charge is a practice unique to the hotel industry whereby it is imposed on the bills issued to the customers ...
Impact of Trump Administration, Midterm Elections and the Rise of Automotive M&ARespondents to Dykema’s 14th Annual M&A Outlook Survey expressed the highest level of optimism for the M&A market in the 14-year history of the firm’s survey. Sixty-five percent of respondents expect the M&A market to strengthen over the next 12 months, significantly up from the mid- to high 30s where it has remained for the past several years ...
The South African Human Rights Commission (the “Commission”) is mandated by section 184 of the Constitution to promote respect for human rights and a culture of human rights; to promote the protection, development and attainment of human rights; and to monitor and assess the observance of human rights in South Africa. The Commission publishes annual reports in which it highlights what it regards as problematic issues and makes recommendations in this regard ...
With the development of information and communication technologies, teleworking is a good solution to solve many problems encountered by employees and employers, as well as to solve more global issues: pollution, global warming, stress, traffic jam, car crashes, balance between private and working life, workspace, parking, etc ...
Although blockchain and smart contracts are young, still-evolving and need to be tested and improved, they are already promising a revolution in different areas of the economy, and this is not unfounded; both could bring huge improvements across many areas. Imagine being able to get a mortgage, buy an apartment and get the relevant records immediately registered under your name with no need to make legal reviews of these transactions in just one click ...
With the spotlight on the new laws combating sexual harassment in New York, employers may have missed a significant new modification to New York City law mandating a “cooperative dialogue” in response to workplace requests for reasonable accommodations ...
The Abu Dhabi Global Market (the ADGM) recently announced the launch of a commercial license specifically catered towards tech start-ups that allows entrepreneurs to obtain an operational license in the ADGM and access to a Professional Services Support Program aimed at allowing entrepreneurs entry to a community of businesses, financial services and professional advisors ...
When negotiating a settlement agreement in an employment dispute, “no rehire” language is often a standard term. This language typically bars the litigating employee from seeking re-employment with the former employer. However, in California, at least one “no rehire” provision was invalidated because it was not narrowly tailored to the employer at issue. In Golden v. California Emergency Physicians Medical Group (“CEP”), CEP terminated Dr ...
Recent amendments to Mauritius’ Employment Rights Act (“ERA”) have brought about regulation into an area of employment law that many foreign jurisdictions have struggled to deal with: the gig economy, which has so far been characterised by short term contracts or freelance work as opposed to permanent contracts and the accompanying benefits ...
Following a short period of public consultation, the Telecommunications and Other Amendments (Assistance and Access) Bill 2018 (Cth) (Bill) has been introduced into Parliament. Despite the extensive public concerns raised with the Exposure Draft version, only a small number of amendments have been made to the Bill. Following extensive submissions and much debate, the 'decryption Bill' has now been introduced into Parliament ...
On October 3, 2018, the IRS issued guidance for employers on how to claim tax deductions for business meals this year. Under the Tax Cuts and Jobs Act, ("TCJA") business expenses for "entertainment" are no longer deductible, effective for 2018. However, the TCJA did not modify the separate 50% deduction for expenses for business meals, which left employers wondering how to distinguish a business meal from entertainment ...
Many companies are currently facing challenges in relation to the GDPR compliance of their video surveillance. Main issues in this respect are questions related to transparency requirements and information notices, the need for a data protection impact assessment as well as questions concerning retention requirements and retention periods. The German Federal Labor Court (BAG) has recently commented on the admissible storage duration of lawful video recordings ...
Due to recent federal regulation, employers must follow new disclosure procedures before performing background checks. Effective September 21, 2018, the Consumer Financial Protection Bureau (CFPB) issued updated model disclosure forms mandated by the Fair Credit Reporting Act (FCRA). The new forms may be accessed here. The last time the CFPB provided a model disclosure form for use by employers performing background checks was 2012 ...
Striking is a fundamental right enshrined in South Africa’s Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited. Sections 64 and 65 of the Labour Relations Act, 1995 (the “LRA”) contain these limitations for strikes. Section 64 requires certain procedures to be followed prior to a strike taking place for it to be “protected” ...
Is the singing of offensive songs a dismissible offence? The South African Constitutional Court recently handed down judgment inDuncanmec Proprietary Limited v Gaylard N.O & Othersin which it considered whether the singing of struggle songs, containing words that could be construed as offensive, warranted dismissal ...
The decriminalisation of private cannabis possession and use and the workplace In the recent decision in the consolidated matter ofMinister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others(the “cannabis judgment”), the Constitutional Court considered whether it should confirm the decision of the High Court which declared various pr
The New Rwandan Labour Code: a mixed bag of pro-employer and pro-employee changes Effective from 6 September 2018, Rwanda’s New Labour Code (law n° 66/2018 of 30/08/2018 regulating labour in Rwanda) repealedlaw n° 13/2009 of 27/05/2009 regulating labour in Rwanda(the “Repealed Labour Code”), which has been in force for over nine years. This article gives an overview of the key changes introduced by the New Labour Code ...
A key quality for a successful attorney, leader of an organization, claims professional or human resource professional requires effective negotiation skills to resolve conflict and disputes. Negotiating over 1,000 such disputes as an attorney and mediator has been a tremendous education on how to successfully resolve disputes and conflict ...
In the framework of a globalized world and social networks that are established as a measure of possible interest of economic, social and political groups, data protection regulations become more relevant ...
Scotland is currently home to one of the largest life science clusters in Europe, with more than 700 organisations based here employing some 37,000 people. With 15 universities producing highly skilled graduates; the NHS as a massive single source of patient data; and world leading research centres in life sciences, Scotland attracts some of the brightest international scientists and life science businesses ...
