California Business and Professions Code Section 10083.2 requires the California Department of Real Estate (DRE) to provide information regarding the status of every DRE licensee on its website, including information regarding any disciplinary actions taken by the DRE against a licensee. The purpose of these disclosures is to ensure full transparency concerning information the DRE deems to present a "credible risk" to members of the public. The issue with Section 10083 ...
The 2019 regular session of the West Virginia Legislature concluded on March 9. During the 60-day session, a total of 1,823 bills were introduced, with only 294 completing the process and actually being presented to Governor Jim Justice. By the midnight deadline on March 27, Governor Justice vetoed 30 bills, let one become law without his signature, and approved the rest ...
The Regional Labor Court (LAG) of Baden-Württemberg, in its ruling of December 20, 2018 (Ref. 17 Sat 11/18), granted an employee a comprehensive right to information against his employer with regard to all personal data collected about his person. The right to information was explicitly confirmed in relation to personal data resulting from internal investigations and data from potential whistleblowers ...
A trio of federal statutes often referred to collectively as the P&A Acts, which includes the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), the Developmental Disabilities Assistance and Bill of Rights Act (PADD), and the Protection and Advocacy of Individual Rights Act (PAIR), authorize the creation and operation of a protection and advocacy system (P&A system) to monitor the care of individuals with mental illness and developmental disabilities ...
The IRS recently modernized the public approval process (“TEFRA approval”) for private activity bonds (“bonds”) for TEFRA approvals given on or after April 1, 2019. States and political subdivisions issuing bonds, or on whose behalf bonds are issued (“issuers”), and states and political subdivisions whose geographic jurisdiction contain the site of a project (“hosts”) may take advantage of these new rules ...
Today, on the 27th March 2019, the bill of law 7399 amending articles L. 232-2 and L. 233-4 of the Labour Code as well as article 28-1 of the amended law of 16th April 1979 establishing the general status of public servants (hereinafter the "Law") was passed by the Luxembourg Chamber of Deputies. The leitmotif underpinning the Law is the same as that for the parental leave reform in 2016, namely enabling employees to achieve a greater balance between their private and professional lives ...
Employers in Kentucky are now expressly permitted to require an employee or prospective employee to agree to arbitrate or engage in some form of alternative dispute resolution as a condition of employment. On March 25, 2019, Gov. Matt Bevin signed a statutory amendment authorizing this change to KRS § 336.700. This law applies retroactively to agreements that have already been executed by employees before March 25, 2019. This amended statute does a number of things ...
On March 13, the Ninth Circuit issued its highly anticipated opinion in HomeAway.com v. City of Santa Monica, upholding the City's ordinance restricting short-term home rentals on popular websites like Airbnb.com. Background In light of the severe housing crisis currently afflicting California, concerns have arisen over the impact of short-term home rentals on the supply of long-term housing ...
A number of cases have looked at worker status in recent years, focused mostly around the ‘gig economy’ with claims against companies including Uber and Deliveroo. The gig economy typically involves individuals working in temporary positions in the service industry, such as food delivery or private couriering. The sharp increase in the number of people working in this sector has led to a huge shift in the cultural and business environment ...
The West Virginia Ethics Commission issued a new Advisory Opinion on March 7, 2019, which is going to impact the way some teachers arrange for substitutes. The opinion sought was whether it is a violation of the Ethics Act for teachers to prearrange a relative to substitute teach in their absence or place relatives on a preferred list of substitutes for their classrooms ...
Special allowances under the EPF Act need to be special On February 28, 2019, the Supreme Court of India passed a landmark order on whether special allowances fall within the scope and meaning of “basic wages” under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (the “EPF Act”) ...
One of the key issues raised consistently in the discussions around a no-deal Brexit is the impact it would have on the customs duties payable on goods that are imported in to the UK. Whilst MPs have now voted against a no-deal Brexit, this does not change the legal position – that unless a deal is agreed, there will be a no-deal Brexit, (or no Brexit at all) ...
Sponsored wellness plans that include incentives to employees who voluntarily disclose personal health information as part of disability-related inquiries or medical examinations are in legal limbo after the EEOC removed the underlying rules from the Americans with Disabilities Act (“ADA”) and Genetic Information Nondiscrimination Act (“GINA”) ...
In the recent matter ofVodacom & others v the National Association of South African Workers and 1 other, which was handed down on 4 March 2019, the South African Labour Court grappled with the issue of its jurisdiction to grant interdictory relief against a trade union where the entity seeking the relief is not the employer of the trade union’s members. The Labour Court also dealt with the rights of unregistered trade unions ...
If an employer suspects an employee of committing an act of misconduct, it is possible that the employer will want to place that employee on what is usually referred to as a “precautionary suspension”. The question that arises is whether the employer must give the employee a chance to make representations on why he or she should not to be suspended, prior to a decision being taken in this regard ...
On March 4, 2019, the California Supreme Court ruled in Cal Fire Local 2881 et. al. v. California Public Employees' Retirement System that public retirement system members do not have a vested right to purchase "airtime" – nonqualified service credit unrelated to public service ...
On March 7, 2019, the U.S. Department of Labor (DOL) proposed a rule that would significantly change the pay standards for overtime exemptions under the Fair Labor Standards Act (FLSA). Since 2004, the minimum salary necessary to qualify for an administrative, executive, or professional exemption under the FLSA has been $455 per week ($23,660 per year). Under the proposed rule, this minimum would increase to $679 per week ($35,308 per year) ...
The much awaited revised new regulations governing who qualifies for the FLSA white collar exemption has finally been revealed by the Department of Labor. It did so on March 8 by publishing anNPRM(“Notice of Proposed Rule Making”). In December of 2016, a Texas federal court entered a nationwide injunction halting the implementation of new regulations which would have dramatically increased the salary threshold for exempting most white collar employees from overtime ...
The most important corporate tax measures concern the reduction of the maximum corporate income tax (“CIT”) rate and the introduction of the option provided by the anti-tax avoidance directive (“ATAD”)[1]. This allows for the application of the interest limitation rules at the level of a fiscal unity: For the time being CIT is levied at a rate of (i) 15% in case the net profits do notexceed EUR 25,000 and (ii) 18% in case the net profits exceed EUR 30,000 ...
On 6 January 2019, UAE Cabinet Resolution No. 7 of 2019 Concerning the Administrative Fines Imposed by the Insurance Authority was published in the UAE Official Gazette, which lists a total of 204 items that are considered to be violations by the Insurance Authority and their corresponding penalties ...
In this context, the judgements provide useful guidance on the concepts of abuse and beneficial ownership. Abuse concept According to the CJEU, it is settled case-law that there is, in EU law, a general legal principle that EU law cannot be relied on for abusive or fraudulent ends ...
Public bodies in the UK (government departments, regulators, local authorities etc.) are legally accountable for the decisions that they make. But what does that mean in practical terms to someone looking to raise a legal challenge to a particular decision? This short blog post provides some very high level guidance in FAQ form. Q. If I think a decision is wrong, am I able to raise a legal challenge against it? A. Maybe ...
At the end of the last year, the Plenum of the Supreme Court of the Russian Federation (the “Supreme Court”) adopted the Ruling dated December 25, 2018 No ...
