SyCipLaw''s Employment & Immigration Update (Volume XV, Issue 1) features updates and articles on issuances from the Department of Labor & Employment (DOLE), including the new guidelines on contracting and subcontracting, and the implementing rules and regulations of theAnti-Age Discrimination in Employment Act,the Data Privacy Act of 2012, and those governingthe employment and working conditions of collectors in the debt collection industry ...
Vol. XI, Issue 1 of SyCip Salazar Hernandez & Gatmaitan's Employment & Immigration Update focuses primarily on the salient provisions of Philippine Republic Act No. 10361, also known as the Domestic Workers Act or Batas Kasambahay ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) is once again recognized by Managing IP’s IP STARS 2022 as a Tier 1 firm for its Patent practice. Earlier this year, SyCipLaw was also cited as a Tier 1 firm for its Trade mark work. In addition, the firm’s IP practitioners once again received outstanding rankings this year: Vida M. Panganiban-Alindogan, Partner and Head of IP Department (IPD), Trade Mark StarEnrique T ...
The global spread of the COVID-19 coronavirus infection has led to significant changes in the Russian retail trade. This pandemic has forced millions of people to stay at home, avoid public places and, of course, buy less. To adapt to the new features of consumer behaviour, retailers need to promptly respond, adapt, or dramatically change their business processes and strategies ...
When the tide of democracy and constitutionalism swept through labour legislation in South Africa from the early ‘90s onwards, domestic workers, for the first time, gained access to important labour rights. However, they remained excluded from two important statutes, the Unemployment Insurance Act, 2001 (the “UI Act”) and the Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA”) ...
Months of working from home have made at least one thing clear – the “Freshman 15” has nothing on the COVID-19. Boredom, stress, and ease of access to the refrigerator has caused many employees to trade in their suits for sweatpants and their heels for flip-flops. As offices see more and more employees return to work, employers may want to consider taking proactive steps to curtail such casual attire in the workplace. Can employers require a dress code? Yes ...
Covid-19 is upending capitalism as we know it. Amid the pandemic, how can businesses rewrite their rule books so as to emerge stronger? Americans have allegedly outbid the French for masks “right on the tarmac” just as the goods were to be flown off to their destination. From Amazon to Rakuten to Carousell, traders exploited fears by price-gouging on masks and hand sanitisers ...
They’ve finally taken the plunge and decided to go it alone, they’re just about to launch the brilliant business plan that’s going to set them up for life and then, out of the blue, granny puts her oar in and everything goes pear-shaped. Just a month ago, we wrote about how Harry and Meghan were set to launch their Sussex Royal brand ...
In the High Court case of Pi Consulting (Trustee Services) Ltd v The Pensions Regulator and others, it has been ruled that 9 suspected liberation vehicles are occupational pension schemes, and therefore are under the jurisdiction of the Pensions Regulator. “Pension liberation” typically occurs where a pension saver is induced to transfer existing pension funds to another scheme, for a fee, in order to obtain access to their pension early ...
Federal Labor Court (Bundesarbeitsgericht; BAG) dated February 19, 2019 – 3 AZR 150/18 A clause in a preworded pension commitment stipulating a minimum of ten years of marriage as per the date of death as a prerequisite for the disbursement of survivors’ benefits violates German general terms and conditions law and is thus void and invalid ...
BAG of Feb. 19, 2019 – 3 AZR 219/18 So-called "late marriage clauses" in surviving dependants' pension commitments may constitute an unjustified age discrimination and can therefore be ineffective, unless a specific cut-off date can be justified on the basis of a specific connecting factor particularly linked to the legal structure principles of company pension schemes. FACTS OF THE CASE A widow filed a complaint with regard to a widow's pension before the labor courts ...
The No Surprises Act (Act), which became effective Jan. 1, 2022, is the latest health care law passed with the best of intent: to create consumer protection from unexpected out-of-network medical bills and to create a federal independent dispute resolution (IDR) process to resolve payment disputes between payers and out-of-network providers. Unfortunately, the Act, especially the U.S ...
On May 26, 2011, the United States Supreme Court handed down its decision in Chamber of Commerce of the United States of America v. Whitingin which petitioners had challenged a 2007 Arizona law imposing sanctions on businesses that hire unauthorized aliens. Petitioners claimed that the Arizona law, the Legal Arizona Workers Act, was expressly, or alternatively, impliedly preempted by the Federal Immigration Reform and Control Act (IRCA) ...
In a much anticipated opinion, the Supreme Court on Monday held that class action waivers in arbitration agreements are enforceable. In a 5-4 decision written by Justice Neil Gorsuch, the Court stated that “Congress has instructed in the Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, and neither the Arbitration Act’s saving clause nor the NLRA suggests otherwise ...
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 ...
The Supreme Court will decide if historic holiday pay claims can be brought where there are gaps of three months or more between a series of underpayments. The outcome could have significant implications for employers across the UK ...
Supreme Court Ruling Sets the Foundation for GST on Secondment of Employees AUTHOR: Reena Asthana Khair Senior Partner and Head International Trade & Indirect Taxation Kochhar & Co. EMAIL: [email protected] Japanese Multinational companies often share their talent pool across borders and jurisdictions by secondment of Japanese nationals ...
The Twenty-first Amendment—which repealed Prohibition—gives states broad authority to regulate alcohol within their borders. But can states impose residency requirements on alcohol retail licensees? The U.S. Supreme Court, by a vote of seven to two in Tennessee Wine and Spirits Retailers Ass’n v. Thomas, answered no. As state alcohol regulators adjust their licensing processes to comply with the ruling, retailers and wholesalers may see changes in the alcohol market ...
The Supreme Court today ruled that Aereo’s system for transmitting over-the-air television broadcasts through the Internet violates copyright law. In a 6-3 decision, with Justice Breyer writing for the majority, the Court ruled that Aereo both “performs” the television broadcasts at issue and does so “publicly.” With these key issues decided, the Court essentially sounded a death knell for Aereo and a similar but unrelated company, FilmOn X ...
In a landmark ruling earlier this year, the United States Supreme Court overturned the ruling of the 3rd Circuit Court of Appeals that upheld the constitutionality of the Professional and Amateur Sports Protection Act (PASPA), the federal statute that effectively prohibits all sports betting in the United States by restricting states (other than a few grandfathered states, including Nevada) from authorizing sports betting ...
In March, due to the spread of the coronavirus (COVID-19) the Ministry of Health established that an employee required to quarantine at home in accordance with Ministry of Health guidelines would automatically receive a sick leave certificate which could present to the employer and receive sick pay for the quarantine period ...
The Supreme Court of Canada recently rendered a divided decision in which it concluded that an employer’s policy imposing mandatory random alcohol testing was not justified.1 This decision is of interest to employers in Quebec since it confirms arbitral case law on the subject. Background In 2006, Irving Pulp & Paper, Ltd. (“Irving” or the “employer”) unilaterally adopted a policy on the consumption of alcohol and other drugs (the “policy”) ...
On June 27, 2008, the Supreme Court of Canada (“SCC”) released its decision in Keays v. Honda Canada Inc. and overturned the decision of the Ontario Court of Appeal and narrowed the scope of Wallace damages for the “bad faith” manner of dismissal. This decision arises from a decision of the Ontario Superior Court of Justice which awarded $500,000 in punitive damages to a dismissed employee in addition to 24 months salary in lieu of notice ...
On July 17, 2008, the Supreme Court of Canada in Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d'Hydro-Québec, 2008 SCC 43 clarified that there are limits to the employer’s duty to accommodate ...
