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Shoosmiths LLP | January 2022

COVID-19 guidance continues to change regularly throughout the UK and the Omicron variant has seen soaring levels of absence across all businesses. So what do employers need to know and how can this be managed? Current isolation and testing rules At this time and throughout the UK generally, non-exempt individuals are required to self-isolate if they are in close contact with someone who has tested positive ...

Shoosmiths LLP | January 2022

The living sector will continue to provide opportunities and challenges for investors, developers and residents, alike. The government is set to turn the page on pandemic restrictions, with most set to stop in England on 26 January. Time will tell if this will be the year when we can get back to a more normal way of life, but one thing we can be sure of is that the living sector will continue to provide opportunities and challenges for investors, developers and residents, alike ...

Shoosmiths LLP | January 2022

The importance of being truthful on immigration forms has been thrust into the international spotlight this week, thanks to tennis star Novak Djokovic who has been deported from Australia. Whilst the ins and out of the refusal are up for discussion, one thing is clear is that the information on his application about where he has been during the fourteen days prior to his arrival in Australia was not correct ...

Shoosmiths LLP | January 2022

‘The right to disconnect’ was a popular topic during 2021 and provides for an interesting discussion - should there be a legal right in the UK for employees to disconnect from their workplace? The phrase which may bring joy to an employee’s ears but potentially not so much to those of an employer is the ‘right to disconnect’ ...

Hanson Bridgett LLP | January 2022

Key Points New IRS rules extend annual deadline for providing Forms 1095-C to employees to March 2 Penalty relief no longer applies for employers that make good faith efforts to comply with reporting requirements California employers with self-insured plans must file Forms 1095-C with the Franchise Tax Board by March 31 Under the Affordable Care Act (“ACA”), large employers (generally those with 50 or more full-time employees or full-time equivalents) must report annually t

Hanson Bridgett LLP | January 2022

Key Points U.S. Army Corps of Engineers finalized a rule renewing nationwide permits under the Clean Water Act for projects involving discharges of dredge or fill material to jurisdictional waters. The Army Corps also issued new nationwide permits, such as for water reclamation and reuse facilities and for activities involving water, stormwater, and wastewater utility lines. These new nationwide permits create opportunities to expedite permitting for certain infrastructure projects ...

Krogerus | January 2022

In the beginning of the new year 2022, it is a good time to take look back to the previous year 2021 and to have a look at reforms and amendments coming up during 2022 within the field of employment law. In addition to legislative changes, collective bargaining negotiations have lately been a hot topic as many collective bargaining agreements are up for renewal and some generally applicable collective bargaining agreements will not be renewed ...

Shoosmiths LLP | January 2022

Without doubt, the traditional employment relationship has changed. Whilst the Coronavirus pandemic has had a major impact, the changing nature of the employment relationship has been taking place for several years. But what does this mean for employers? CIPD in a recent report has suggested that atypical workers could be anywhere from 18.6%  to 42.4% of the workforce (depending on how narrowly atypical working is defined) ...

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), finding that the challengers to the ETS are likely to prevail. Justices John Roberts, Amy Coney Barrett, and Brett Kavanaugh issued the decision to stay the OSHA ETS. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas concurred with their own separate opinion ...

Evolusion Concepts, Inc. v. HOC Events Inc., Appeal No. 2021-1963 (Fed. Cir. Jan. 14, 2022) In its only precedential patent case this week, the Federal Circuit disposed of an appeal, holding that the district court’s claim construction was wrong.  In the appeal from the U.S. District Court for the Central District of California, the Federal Circuit addressed the meaning of the term “magazine catch bar” in the asserted claims ...

Shoosmiths LLP | January 2022

As we go into 2022, the future direction of the planning system in England remains uncertain. Planning Bill The planning white paper proposals for a hybrid mix of discretionary decision making and codified zonal planning have proved particularly controversial with concerns about what could be seen as a ‘top down’ approach contributing to the outcome of the Chesham and Amersham by election ...

Shoosmiths LLP | January 2022

The persisting spectre of the pandemic continues to create uncertainty in the market. Over the last 18 months, insolvency figures remained consistently low due to the government support which has been in place. With the prospect of that support coming to an end there is likely to be a reckoning, but when that will begin is unclear. Overall, this next year is likely to be one of resolving loose ends and tidying up before the economy can take off afresh ...

Shoosmiths LLP | January 2022

Following on from the Migration Advisory Committee's annual report, the government have announced welcome changes to the Health and Care visa route. The Migration Advisory Committee (MAC) published their annual report in December. The report considered a variety of subjects and took a detailed look at the health and care sector ...

Shoosmiths LLP | January 2022

Pensions analysis: The Pension Protection Fund (PPF) has issued its levy rules and associated guidance and appendices for the 2022–23 levy year. Partner Suzanne Burrell examines the latest rules and guidance, the changes made since last year, the implications for pension schemes and what happens next ...

DFDL | January 2022

The General Department of Taxation (“GDT”) issued Notification no. 776 GDT on the 17th of January 2022 (“Notification 776”) which delays the implementation of Prakas 542 MEF.P on the Rules and Procedure for the Implementation of VAT on E-Commerce (“Prakas 542”) to 31 March 2022 ...

Shoosmiths LLP | January 2022

This question was considered by the Employment Tribunal in the recent case of X v Y. In a decision that will be welcomed by employers, the tribunal held that such a fear is not a protected belief under the Equality Act 2010. The facts of the case The claimant brought proceedings against her employer for discrimination after she chose not to return to work in July 2021 with the result that her employer had stopped paying her ...

On October 30, 2021, Supreme Decree Nº 030-2021-MINAM ("DS030") was published in the Official Gazette "El Peruano", adopting Maximum Permissible Limits ("MPL") for atmospheric emissions from thermoelectric generation activities ...

On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American Rescue Plan (ARP). While the final rule largely includes the eligible uses of SLFRF funds described in the interim rule issued in May of 2021, the Treasury expanded and provided more detail on eligible uses ...

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration Emergency Temporary Standard, finding that the challengers to the ETS are likely to prevail. Justices John Roberts, Amy Coney Barrett, and Brett Kavanaugh issued the decision to stay the OSHA ETS. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas concurred with their own separate opinion ...

On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American Rescue Plan (ARP). While the final rule largely includes the eligible uses of SLFRF funds described in the interim rule issued in May of 2021, the Treasury expanded and provided more detail on eligible uses ...

While the U.S. Supreme Court continues to deliberate over whether the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) is a valid exercise of OSHA’s regulatory authority, OSHA has continued to update their ETS FAQs to provide more guidance to employers.  In particular, OSHA has clarified the requirements that apply to the use of over-the-counter COVID-19 tests (OTC Tests) for compliance with the testing requirements of the ETS ...

Dinsmore & Shohl LLP | January 2022

On Jan. 13, 2022, the Supreme Court of the United States lifted the injunction on the Centers for Medicare and Medicaid (CMS) vaccine mandate (Mandate).[1] Previously, injunctions were imposed by district courts in Missouri and Louisiana, and affirmed on appeal by the Eighth and Fifth Circuits, respectively, thereby prohibiting enforcement of the Mandate in 24 states ...

Dinsmore & Shohl LLP | January 2022

On Jan. 13, 2022, the United States Supreme Court issued an order blocking enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring (among other things) employers of 100 or more employees to require employees to be vaccinated against COVID-19 or ensure unvaccinated employees are tested for COVID-19 weekly ...

Hanson Bridgett LLP | January 2022

On December 16, 2021, the Cal/OSHA Standards Board readopted the Emergency Temporary Standards (ETS), but included several revisions which will go into effect on January 14, 2022 and which will remain in effect for three months. In addition, CDPH issued updated guidance for the general public this month. That guidance on isolation and quarantine requirements has now replaced the ETS exclusion periods and return to work criteria for all workers as of January 14, 2022 ...

Waller | January 2022

Today, the Supreme Court issued decisions in the COVID mandate cases that have had employers across the country on the edge of their seats. In aper curiam6-3 decision, the Court stayed the OSHA Emergency Temporary Standard that required all employers with 100 or more employees to require COVID vaccination or weekly testing ...

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