The question of 'employment status', continues to concern many employers working within today's 'gig economy'. The UK Supreme Court recently provided guidance on the correct "label" to be bestowed on 'gig economy' workers. Pimlico Plumbers recently lost an appeal in the UK Courts against a finding that one of its plumbers was a "worker" for the purposes of relevant UK employment legislation – not a self-employed independent contractor ...
Earlier this year, in an effort to clarify what types of employee handbook rules are lawful under the National Labor Relations Act (“NLRA”), the General Counsel of the National Labor Relations Board (“NLRB”) issued new 1Guidance on the topic. Determining which rules are permissible and which may violate the NLRA has troubled both union and non-union employers in recent years due to the Obama-era NLRB’s tendency to find that standard handbook rules (e.g ...
Last year, California employers faced a swell of new city and county labor laws that increased employers’ local minimum wage obligations. Several of these local ordinances included incremental increases that went into effect over time, including many increases that are effective as of July 1, 2018. In addition to meeting the state’s minimum wage requirements ($10.50/hour for employers with 25 or fewer employees, and $11 ...
As Seen In Bank Director Cybersecurity incidents and data compromises continue to plague financial institutions on a seemingly daily basis. Without a proper response plan in place, financial institutions risk significant damage to their reputation and operations, as well as serious potential liability from regulators and class-action litigation. This guide outlines the procedures financial institutions should implement to prepare for and respond to a cybersecurity incident ...
Walking the tight rope between making strides for women’s rights and being too strident So, the Trump-Kim Summit has successfully concluded in Singapore, with the Leader of the Free World shaking hands with the Supreme Leader of one of its most coldblooded dictatorships. Looking at these two scions of privilege, it is hard not to be struck by how much they have in common, united not just by their comically bad hair, but also by their low regard for women ...
After not disturbing the Third-Party Doctrine for more than 40 years, the Supreme Court created a significant exception to it inCarpenter v. United States. Slip Op., 16-402 (Jun. 22, 2018). Under the Third-Party Doctrine, individuals who voluntarily provide personal information to third parties are deemed to relinquish their legitimate reasonable expectation of privacy in that information ...
Download the June 2018 edition of the Haynes and Boone OSHA Newsletter PDF. No Time Limit on Look Back Period for Repeat Citations InTriumph Constr. Corp. v. Sec’y of Labor, the Second Circuit Court of Appeals upheld a look back period for a repeat violation beyond the Commission’s “general” policy of three years to determine a repeat violation. InTriumph, an employee was injured in a cave-in at an excavation site ...
In a significant decision for all public agencies, yesterday the U.S. Supreme Court ruled in a 5-4 decision that the First Amendment prohibits public employees from being compelled to pay what are known as “agency fees” when they choose not to join their union. Janus v. AFSCME, No. 16-1466 (June 27, 2018). In so holding, the Court overruled its 1977 decision in Abood v. Detroit Board of Education, 431 U.S. 209 (1977) ...
Employers may continue to rely on rounding systems that are neutral in policy and in practice. On June 25, 2018, the California Court of Appeal issued its decision in AHMC Healthcare, Inc. v. Superior Court of Los Angeles County (Letona), finding legal an employer's use of a payroll system that automatically rounds employee time up or down to the nearest quarter hour ...
Ferdose al-Taie, Dallas-based senior counsel in Dykema’s Commercial Litigation group, authored the article “Anonymous Whistleblowers Make Millions for Reporting Their Own Companies to Federal Regulators,” forFOCUS, the quarterly newsletter of the Association of Corporate Counsel (ACC) South Central Texas Chapter. In the article, al-Taie shines a light on the ins and outs of Dodd-Frank Whistleblower awards and who is eligible for consideration ...
This week, the U.S. Department of Labor (DOL) issued final rules to expand access to “Association Health Plans” for small businesses that are unaffiliated, but are in the same line of business or geographic area. An “Association Health Plan” or “AHP” is a group health plan adopted by members of an employer group or association to provide health coverage for their employees ...
In the Loop: With the Hanson Bridgett Government Group Many of us have had to request reimbursement from our company for an expense, which can be a pretty complicated process. For members of a legislative body, these rules can be even more specific. We'll think about Buddy, who sits on city council. Not long ago, the City gave Buddy a city-owned tablet to allow him to do his job remotely ...
Local Minimum Wage Increases Several California cities and counties have passed their own minimum wage ordinances with a more aggressive schedule of minimum wage increases. Local minimum wage increases that go into effect on July 1, 2018 include the following: Locality Minimum Wage Eff. 7/1/18 Belmont* $12.50 Emeryville Small business (55 or fewer employees): $15.00 Large business (56 or more employees): $15.69
Should The Bahamas be at the forefront of cryptocurrency regulatory policy by implementing smart, flexible regulation that encourages the legitimate operators in the sub-sector to bloom or should we leave well enough alone?The Bahamas’ position in the landscape of the cryptocurrencies is a familiar one to many in the traditional financial services economy - they’ll know this story all too well with the growth, development, and decline of private banking: a new and exciting innovation
On June 6, 2018, the NLRB General Counsel ("GC") issued a memorandum (GC 18-04) to all Regional Offices directing them to recognize certain types of workplace rules as generally lawful. This guidance should provide employers with greater assurance and clarity regarding acceptable workplace rules under the National Labor Relations Act ("NLRA") ...
On June 1, 2018, the Los Angeles County Superior Court granted a Defendant’s Motion to Compel Individual Arbitrations of the two Plaintiffs’ wage claims, dismissed the class claims and stayed the action with regard to the remaining Private Attorney Generals Act (PAGA) claim. The Court, in Navarrete v. Louis Vuitton, Case No ...
In a unanimous decision, the California Supreme Court recently addressed the standard to determine whether a worker is an independent contractor or an employee in wage and hour disputes under California’s Industrial Welfare Commission (IWC) wage orders. In Dynamex Operations West, Inc. v ...
As we discussed in our Mind the Gap webinar, many states and municipalities have enacted laws that prohibit employers from using previous pay to justify unequal pay between men and women or between members of different protected classes (race, color, religion, national origin, and gender) ...
In 1527, two inhabitants of the Royal Burgh of Haddington lent 1800 merks to the Abbey of Melrose, to be repaid by the Abbey to their bankers, in what is understood to be the first recorded reference to bankers in Scotland. Fast-forward almost 500 years to the present day and modern banking would be unrecognisable to the burgesses of Haddington ...
On April 19, 2018, the Ohio Supreme Court determined in Bureau of Workers’ Compensation v. Verlinger (2018-Ohio-1481) that the provisions of Ohio Revised Code § 4123.931 (the subrogation statute) applied to third-party lawsuits prior to the actual establishment of the workers’ compensation claim ...
A New Development on the Subject (Update as of June 15th) Click Here to Read » A flurry of rulings during the last two weeks of May has generated enormous confusion regarding the status of California's two-year-old End of Life Option Act ("EOLOA"), the law that allows a terminally ill adult with a six-month prognosis to obtain aid-in-dying drugs from a physician, subject to numerous safeguards ...
Introduction I have been asked to speak on the Base Erosion Profit Sharing of the OECD, or better know as BEPS. This is a new acronym that, similar to CRS and the harmful tax initiative program, is geared at a multilateral approach to the application of uniform tax rules and standards. Unlike the CRS and the harmful tax practices initiatives of the past, BEPS has a focus not necessarily on the private client, but on the multinational commercial organization ...
In a landmark victory for employers, the Supreme Court of the United States held that agreements requiring employees to arbitrate claims on an individual basis are enforceable. The case, Epic Systems Corp. v. Lewis,1 consolidated three different cases on appeal from the Fifth Circuit, Seventh Circuit and Ninth Circuit ...
In a landmark victory for employers, the Supreme Court of the United States held that agreements requiring employees to arbitrate claims on an individual basis are enforceable. The case,Epic Systems Corp. v. Lewis,1consolidated three different cases on appeal from the Fifth Circuit, Seventh Circuit and Ninth Circuit ...
