Much has been reported about harassment in the workplace, not least the Fawcett Society report in 2021 which showed at least 40% of women experience sexual harassment during their career. Progress in this area is slow as recent case law demonstrates ...
There are many situations where an employer is required to calculate an employee’s weekly pay. Whilst this might appear straightforward, there are nuances that employers need to be aware of. We explore the most common tricky areas and how to address them. Identifying a week’s pay is necessary when calculating holiday pay, statutory redundancy pay, notice pay or the basic award for an unfair dismissal claim ...
<p>Dear valued clients, colleagues and friends,</p><p>Our <a href="https://www.shearndelamore.com/practice-areas/technology-communications/">TMT</a> Partner, <a href="https://www.shearndelamore.com/people/janet-toh-yoong-san/">Janet Toh</a>, and Associate, <a href="https://www.shearndelamore ...
On August 31, 2022, the Cyberspace Administration of China (the "CAC") issued the Application Guidelines for Security Assessment of Cross-border Data Transfer (1st Edition) (the "Application Guidelines"), which specify and implement the provisions on cross-border data transfer security assessments ("security assessments") in the Measures for Security Assessment of Cross-border Data Transfers (the "Assessment Measures") ...
Registrations for the Mamo TCV Advocates Sustainable Finance Week being held between the 24th and 28th October 2022 are now open. Please click here for the programme of events ...
On September 1st, 2022, Law No. 21,431 that modifies the Labor Code to regulate the contract of employees of companies providing services through digital platforms (hereinafter, the "Law") entered into effect. The Law regulates the services rendered by these employees for users of mobile or fixed device applications managed by said companies ...
By: Jack Darrington, Keven Rowe, and Landon Hardcastle Under a new Utah law, most providers of commercial financing or factors which are located in Utah or who lend to a Utah resident are required to register as a commercial financing provider with the Utah Department of Financial Institutions. Additionally, certain disclosures are required before engaging in most transactions. To some extent, the law mirrors Truth in Lending type acts passed in New York and California ...
As a matter of important update that may impact potential and scheduled transactions in Russia, please be advised that on 8th of September 2022 the President of the Russian Federation has signed Decree No. 618 “On Special Procedure for Consummation (Execution) of Certain Types of Transactions (Operations) between Certain Persons” (“Decree No. 618”). Decree No ...
This summer, a major reform relating to personal data, in Russia, has been instigated. New privacy regulations entered into force on September 1st, 2022. These introduced a number of new requirements to data processing activities. Part of the new requirements, including new cross-border data transfer rules, will come into force from March 1st, 2023 ...
On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking ("NPRM") regarding the standard for determining joint employer status under the National Labor Relations Act ("NLRA"). The rule as proposed would effectively overturn a rule on the same subject issued just over two years ago during the Trump administration ...
Most employers know their employee handbooks need to be living documents that are reviewed and updated when conditions change. If any employer doubted the need for doing this, the past two years should have convinced them otherwise – with the need to incorporate policies to address statutorily mandated COVID-19 sick leave and/or vaccinations. While many of the mandatory COVID-19 sick leave policies are sunsetting, the sun is just rising for remote work issues ...
On Thursday, September 7, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking that, if enacted as anticipated, will significantly expand the number of businesses presumed to be “joint employers” for purposes of the National Labor Relations Act. Under the proposed rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees' essential terms and conditions of employment ...
The strategy for the application of Portugal 2030 was designed around five main objectives of the European Union1: a smarter, greener, more connected, more social Europe that is closer to its citizens. At the national level, these strategic objectives of the European Union are embodied in four thematic agendas of the Portugal 2030 strategy2 ...
In the last few months, the UAE authorities have introduced a number of measures intended to increase the number of UAE nationals who are employed in the private sector. The Emirati Cadres Competitiveness Council (Nafis) program, originally established in 2016 with the aim of attracting UAE nationals to the private sector, has been reinvigorated ...
In Butler-Sloss and Ors v Charity Commission for England and Wales and Anor,[1] the England and Wales High Court (the Court) blessed the charity trustees’ decision to adopt investment policies that restricted investments to those aligned with the charities’ purposes, thereby excluding many potential investments. In so doing, the Court provided clarification regarding Harries v Church Commissioners for England ...
September 6, 2022 By: Jeffrey Dennis and Li-An Leonard Last week, the California Legislature failed to reach agreement on an extension to the employee exemption which applies to the California Consumer Privacy Act (CCPA) which currently exempts employees and employee data from the CCPA requirements. As a result, this exemption will expire on December 31, 2022 – and will result in increasing burdens on California employers as it relates to employee privacy rights ...
One of the main rationales for using a cash box structure is that equity securities issued by PLC are issued for a non-cash consideration so that the statutory pre-emption provisions set out in the UK Companies Act 2006 do not apply. The issue can therefore take place without the timing implications of seeking shareholder approval to disapply the pre-emption rights or conducting a pre-emptive issue ...
One of the main rationales for using a cash box structure is that equity securities issued by PLC are issued for a non-cash consideration so that the statutory pre-emption provisions set out in the UK Companies Act 2006 do not apply. The issue can therefore take place without the timing implications of seeking shareholder approval to disapply the pre-emption rights or conducting a pre-emptive issue ...
What is the intention of the new regime? By replicating and improving upon successful asset holding structures adopted by fund managers in jurisdictions like Luxembourg, the QAHC regime is intended to bolster the UK funds industry by facilitating greater UK-based fund activities, amending certain aspects of the UK tax system which have hitherto made UK vehicles unattractive as asset holding companies ("AHCs") ...
It is well-known that happier employees are harder to poach and, as a result, it is crucial that employers create a culture that drives staff loyalty and retention so as to mitigate the impact of the ongoing war for talent. Our future of work series previously examined top tips for recruiting a diverse workforce. However, in order to successfully retain staff, organisations must go further and look beyond their initial recruitment processes to evaluate the overall culture of the business ...
The Government of Vietnam issued Decree 53/2022/ND-CP dated 15 August 2022 (“Decree 53”) detailing a number of articles in Vietnam’s Law on Cybersecurity (2018) which took effect as from 1 January 2019 (“Law on Cybersecurity”). As with most laws in Vietnam, decrees and circulars and other subordinate legislation, provide more detailed information, forms, and other guidelines to help implement the law in an efficient manner ...
