Following Russia’s invasion of Ukraine on 24 February 2022, many individuals are being called up to defend their home countries. This has left employers wondering whether they are obligated to release those employees from employment. In the UK, if an employee is mobilised for full-time service in the UK armed forced, there are rules in place to protect an employee’s employment ...
In September 2021, the House of Representatives of the Philippines approved House Bill (HB) 7425 upon its third reading. HB 7425 seeks to impose a 12% value-added tax (VAT) on digital transactions in the Philippines ...
In September 2021, the House of Representatives approved on third reading House Bill (HB) 8942 – the Ease of Paying Taxes Act. The bill proposed to amend the National Internal Revenue Code as amended (the Tax Code) and introduce administrative reforms that will simplify tax compliance and strengthen taxpayers' rights ...
On 31 March 2022, a legislative Act that makes considerable changes to the sale of consumer goods was published in the Belgian State Gazette. This law transposes into Belgian legislation two European directives: EU Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and EU Directive 2019/771 on certain aspects concerning contracts for the sale of goods ...
A recent decision by the First District Court of Appeal reversing workers’ compensation coverage for injuries sustained by an employee while driving a company vehicle for an HVAC company illustrates the challenges in determining when work begins and ends for employees who are allowed to take company vehicles home ...
By Aukjen Ingraham · Listen to articleBoth in-house counsel and law firms face an acute problem today: It's difficult for attorneys to gain trial experience or to hire other attorneys who have that experience. Fewer cases are being tried, and the cases that are tried are riskier, creating a challenging environment for those who want to gain more courtroom experience ...
Following the Scottish Government’s statement on 15 March 2022 regarding COVID-19 restrictions, organisations should take time to review the status of recently eased restrictions, and those which are to be eased in the coming weeks. These changes will be of particular relevance to businesses and employers throughout Scotland, who should follow the up-to-date guidance when dealing with employees and customers alike ...
Agricultural and rural settings present significant health and safety risks, which must be carefully managed and mitigated by employers and landowners operating in the sector. This was brought into sharp focus after two fatalities led to prosecutions following investigations by The Health and Safety Executive (HSE). Prosecution one In February, a farmer was prosecuted after a tragic fatal incident on farmland in Leeds ...
The establishment by the Scottish Government of a food security task force is a necessary and timely response to the war in Ukraine. In addition to the harrowing humanitarian crisis, the conflict has prompted significant concern among food producers. The UK food sector and consumers are currently facing a perfect storm just as we begin to emerge from the pandemic ...
[!<CDATA[ A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction clause to withhold payment. It also sheds light, in the context of complex construction contracts, on the common contract requirement that the contractor must “strictly comply” with the Contract requirements. In Turner v ...
Dear valued clients, colleagues and friends,The issue of whether an employee is transferred or seconded can sometimes prove rather contentious. In a transfer, the employment relationship to transferred to the new employer (i.e. the original company is no longer the employer), whereas in a secondment situation, the employee remains under the employment of the original company but may perform work for the secondee company ...
Over the years, the Quebec courts have repeatedly stated that dismissed employees have a duty to mitigate the damages they suffer as a result of a dismissal. This obligation, which is now codified in the Civil Code of Québec,1 has been adapted to the circumstances of the cases over which the courts have presided. The question, then, is whether the COVID-19 pandemic is likely to have an impact on a dismissed employee?s obligation to mitigate damages ...
Working remotely combined with “The Great Resignation” has raised questions about how employers can best protect their business interests in this new world of work. Rewind a few years and most employees were physically attending the workplace every day, which in turn made it easier for employers to monitor the work being carried out by their employees and ensure that confidential files were locked away safely ...
The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for wage purposes, followed by the Biden administration's almost immediate rescission of that rule. Gig economy workers have battled about overtime and their entitlement to it under the FLSA's definitions ...
Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction Scheduled for April 8, 2022, with each side being afforded 15 minutes for argument. It appears that oral argument may be livestreamed by the 11th Circuit. Injunction Against Federal Contractor Vaccine Mandate Oral argument held on the United States’ appeal of a federal district court judge’s December 7, 2021, decision in Georgia v. Biden, Case No ...
Dear valued clients, colleagues and friends,With effect from 1 April 2022, Malaysia will enter the “Transition to Endemic” phase ...
On 17 March 2022, the Belgian Act transposing the ECN+ Directive and also introducing further amendments into the Belgian Competition Act entered into force. It has introduced merger filing fees, fines for failure to notify mergers and a number of procedural changes that allow a more efficient enforcement and an improved cooperation within the ECN Network ...
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 ...
The Ohio House of Representatives passed HB 447 in February, 2022 and the bill is now pending approval by the Ohio Senate. If passed, this bill could expand the definition of a work injury to include some injuries sustained in the employee’s own home, provided certain criteria are met. Certainly, the precipitating reason for this proposed bill is the recent increase in remote and telework arrangements as a result of the COVID-19 pandemic and its repercussions ...
When faced with an OSHA citation, it is not uncommon for an employer to acknowledge that a rule was violated, accept the citation, pay the penalty, and move on. Often, evidence that a rule was violated is easily obtained by an OSHA inspector ...
This Q&A is part of the publication prepared to provide insights into hiring remote workers in Asia Pacific by members of the Employment Law Alliance (ELA). SyCipLaw contributed the guide for the Philippine jurisdiction. You may access the complete publication here. Q. Is it possible for a foreign jurisdiction entity to hire remote workers in your country? What are the basic legal requirements (if any) for hiring remote workers from a foreign jurisdiction (contractor vs ...
Undertaking post-employment notice pay (“PENP”) calculations when an employee leaves a business can be complex and easy to get wrong. We discuss some of the issues facing employers when carrying out these calculations. Background PENP is relevant to determining the correct tax treatment of termination payments ...
Dinsmore employment law attorney Alyson St. Pierre authored an article for The Indiana Lawyer regarding a recent Indiana law that does not automatically grant religious exemptions from COVID-19 vaccinations and instead allows employers to investigate the validity of religious exemption requests. An excerpt is below ...
Dinsmore Chief Equity and Inclusion Officer Tammy Bennett, a labor and employment partner, was a featured panelist in a Columbus Business First roundtable discussion on the future of the American workforce, including the Great Resignation. The full article is below. Record numbers of people are changing jobs, quitting to start entrepreneurial ventures or exiting the labor force entirely ...
