Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for September 2021 ...
The President characterised this initiative as one necessary to counter "a pandemic of the unvaccinated", stating, "This is not about freedom or personal choice. It’s about protecting yourself and those around you" ...
Key Points Assembly Bill (AB) 361 allows an agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency's jurisdiction during proclaimed state of emergencies ...
Key Points California's First District Court of Appeal continued a recent pro-housing trend, reversing a City of San Mateo rejection of a multifamily housing development application. The court determined the denial was based on a subjective design guideline, therefore violating the Housing Accountability Act. Ambiguous guidelines may still be utilized in limited circumstances if there is a long-standing and consistent local government interpretation ...
On Sept. 15, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule to repeal the Medicare Coverage of Innovative Technology (MCIT) and Definition of “Reasonable and Necessary” final rule, which was published on Jan. 14, 2021, and would be effective on Dec. 15, 2021. In June 2021, we reported on CMS’ decision to delay the MCIT Program Final Rule (The Rule) ...
On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its numerous tax reform proposals. The proposals will be subject to continued negotiations and are not law. But, the proposals are an indication of what may be coming soon ...
September 16, 2021 By: John Epperson The COVID-19 pandemic will likely to be a concern and challenge for employers for longer than anyone had hoped or anticipated. As businesses adjust to what seems to be a “new normal” it is worth a reminder that COVID-19 infection can be a recordable illness on an employer’s Occupational Safety & Health Administration (“OSHA”) 300 Injury and Illness Log. OSHA’s recording criteria under 29 CFR 1904 ...
The government is consulting on much anticipated draft regulations fleshing out the details of the new notifiable event requirements introduced by the Pension Schemes Act 2021 ...
Employment cases involving teachers can involve particularly nuanced considerations for schools. It is not easy to balance safeguarding duties with employment law obligations. We look at a recent case which highlights this very issue. The welfare and safety of children is at the heart of every educational establishment’s ethos, but balancing safeguarding duties with the legal rights of teachers can present difficulties ...
Pensions form part of the assets that can be distributed between a couple on divorce/dissolution. This guide will provide you with an overview of what you need to know about pensions if you are separating or getting divorced. What pensions can be shared? Defined benefit/final salary schemes (for example public sector schemes) Defined contribution/money purchase schemes (for example personal pensions, SIPPS and some occupational schemes) Additional state pension ...
Below, you will find some practical solutions to prepare you for the labour litigation in Russia. The peculiarity of labour disputes in Russia is that they seldom start with great financial demands from employees. They are more about the status of the organisation, its reputation and similar issues. However, practice shows that given the length and formality of litigation, financial claims, originally insignificant, can turn into fairly large claims, over time ...
On Monday, September 13, 2021, the House Ways and Means Committee released several markups of proposed legislation (the “House Tax Proposals”) intended to pay for various proposed spending initiatives. Importantly, the House Tax Proposals are not entirely consistent with the “General Explanations of the Administration’s Fiscal Year 2022 Revenue Proposals” (the “Green Book”) released by the U.S ...
Today, the Ninth Circuit upheld California’s new law (AB 51) barring arbitration provisions in employment contracts.The U.S. Chamber of Commerce and other organizations challenged the law in federal court. The district court enjoined the law, ruling that it conflicts with the Federal Arbitration Act. A divided Ninth Circuit panel reversed. Judge Lucero, a Tenth Circuit judge sitting by designation, wrote the majority opinion (joined by Judge Fletcher). Judge Ikuta dissented ...
Covering employee wages since 1 March 2020, the Coronavirus Job Retention Scheme ("furlough") is set to end on 30 September 2021, with a deadline for final claims to be made by 14 October 2021. Employers still using the scheme should be engaging with employees about its end, and may now need to make some tough decisions that have been postponed while furlough continued ...
Introduction to Jersey Jersey is the largest of the Channel Islands and is a British Crown dependency. It has its own financial legal and judicial systems. It is not part of the UK or of the European Union (although it has close relationships with both) ...
Introduction Carey Olsen Starting Point Guides are intended as a general introduction and guide to different aspects of Jersey employment law. They are a summary of the most important issues that we come across. They are very much edited highlights of those issues. If you would like legal advice in relation to any specific circumstances, please do give us a call. Jersey - not just cows Jersey is the largest of the Channel Islands and is a British Crown dependency ...
Key Points The State Assembly and Senate have both passed AB 361 and AB 339, two bills aimed at addressing Brown Act teleconferencing requirements in the COVID-19 landscape. The Governor is expected to sign or veto the bills before October 1 ...
On Saturday, September 11, 2021, Resolution Nº 0041-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, extending the deadline for receiving comments and suggestions to the “General Guidelines to be applied in the tariff procedures under the price cap methodology or RPI-X mechanism” (the “Resolution 041”) for a period of 15 working days from its publication, that is, until October 1, 2021 ...
Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions ...
On September 3, the executive presented to Congress the anticipated draft of the "FinTech Law", the new regulation that proposes a legal framework applicable to FinTech companies in Chile (the "Bill"). Until now, FinTech companies in Chile have operated without their own or specially designed legal framework, which has generated a series of regulatory inconveniences that have impacted their business model and hindered the development of these technologies in Chile ...
Another wave of COVID-19 has spread all over Thailand and is raising understandable concerns and generating uncertainty among the business community. With our series of infographics, we take this opportunity to guide you on the key measures and best practices to help you mitigate the effects of the COVID-19 pandemic on your business ...
Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions ...
Employee Retention Credits (“ERC” or “credits”) are available to eligible employers that paid qualified wages after March 12, 2020, and before January 1, 2022. Multiple pieces of legislation and Internal Revenue Service (“IRS”) guidance expanded and modified the ERC rules and determination of eligibility for ERC, and computation of the credits may vary based on each individual calendar quarter in 2020 and 2021 ...
