Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group’s annual employment law1 conference held in February, AI was heavily debated along with its’ impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as “law” or “justice” ...
Personnel Season is nearly over for county boards of education. Now that Personnel Season is coming to an end, a common question we often see relates to W. Va. Code 18A-4-7a(k)(2) and how to handle the statutory provision of reserving vacancies for individual professionals subject to release (i.e. reduced in force) ...
If your company has a cybersecurity incident, this guide is intended help you think through critical disclosure requirements and will direct you to sample disclosures from other companies that have endured cybersecurity issues. I. Introduction With the recent string of high profile cybersecurity attacks, the U.S. Securities and Exchange Commission (the SEC) issued further guidance regarding public companies’ disclosure of cybersecurity incidents ...
Employers in New York City and New York State will be required to conduct mandatory sexual harassment training and take other steps designed to prevent sexual harassment in the workplace in response to new legislation passed by the City and the State. New York City On April 11, 2018, the New York City Council passed the Stop Sexual Harassment in New York City Act, which is expected to be signed promptly by Mayor de Blasio ...
“Belarus will become the first government in the world that opens wide opportunities for the use of blockchain technology”, said in a statement on the official website of the President of Belarus. Alexander Lukashenko, who signed the new law of the land, believes that his county “has every chance of becoming a regional center in this area.” The Presidential Decree of the Republic of Belarus No ...
On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage Hour Division released three opinion letters regarding the legality of certain arrangements under the Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), and Title III of the Consumer Credit Protection Act (CCPA). The first letter addresses a question commonly faced by employers—whether an employee is entitled to compensation for time spent traveling away from the employee’s home community ...
In our GDPR for Employers guide, we look at the key areas where employers will need to implement change and how to manage the impact of these regulations on the business ...
Due in part to the #MeToo movement, employers have experienced an influx of workplace sexual harassment claims. More than ever, employers have been reminded of their legal and ethical duties to create harassment-free workplaces. These duties involve preventing foreseeable sexual harassment including proactively training employees about discrimination and harassment. This also entails properly investigating sexual harassment claims and immediately correcting known harassment ...
The decision in National Education Health & Allied Workers Union on behalf of Sinxo & others and Agricultural Research Council is important primarily for two reasons. Firstly, it deals with when an employee can claim that he or she has been discriminated against on an arbitrary ground as envisaged in section 6(1) of the Employment Equity Act, 1998 (the “EEA”) ...
Biosimilar developers have been aggressive in filing petitions for inter partesreviews of biologics patents before the Patent Trial and Appeal Board, many ofthem preceding the filing of a marketing application. Such early IPRs are attractiveto biosimilar makers, because they provide a chance to challenge innovator patentsyears before the biosimilar maker files a marketing application with the U.S. Foodand Drug Administration ...
A modern, technologically driven society generates large amounts of information about members of that society. Think, for example, of the information regarding statuses and activities that banks, credit card providers, medical aid schemes, cell phone networks and employers have in their possession. Think further of the information that Google, Facebook, Uber and Amazon have in their possession ...
The relationship between the periods set for pursuing unfair dismissal claims in terms of the Labour Relations Act, 1995 (“LRA”), and the prescription periods set in the Prescription Act, 1969 (“PA”) has been the subject of some confusion and debate. At the heart of the debate is the interpretation and application of section 16(1) of the PA ...
Effective January 1, 2018, California employers are prohibited from asking an applicant about their salary history. Now a Ninth Circuit decision, Rizo v. Yovino, (9th Cir. 16-15372 4/9/18), has made it clear that employers are prohibited from making a salary determination based on the applicant’s prior salary history ...
In 2017, the Cayman Islands passed the Data Protection Law (“DPL”), which reads much like the upcoming European Union General Data Protection Regulation (“GDPR”) that goes into effect Mary 25, 2018. The DPL applies to entities falling within the definition of “data controller” who are established in the Islands or who process data in the Islands. The DPL divides data into two categories, personal data and sensitive data ...
Hiring an employee is exciting — it’s an opportunity for both employer and prospective employee to develop a mutually beneficial and profitable relationship. However, when done incorrectly, hiring can create liability. To avoid turning a potentially promising encounter into a problematic one, VARs and MSPs need to adhere to a few best practices. Ask the right questions. Candidates should be asked similar questions geared toward determining if they can perform the job ...
Technologies based on blockchains and AI imply a considerable change for our society. Being that the security of data exchanged is vital, companies must begin adopting a long-term approach right now. Many businesses develop services based on blockchains, in particular in the financial services sector. Cryptocurrencies, one example of blockchain use, transform the way in which some monetary transactions are made, far from the oversight of financial institutions and governments ...
The General Data Protection Regulation (GDPR) is aimed at extensive harmonization of data protection in the EU, and will be applicable with effect from May 25, 2018. The GDPR will replace the current EU Data Protection Directive (Directive 95/46/EC) and will be directly applicable in all EU member states. The new regulations mean that German employers will also have to prepare for changes as regards the protection of employees’ personal data ...
In light of the increasing significance of cybersecurity incidents, the Securities and Exchange Commission (SEC) recently found it necessary to provide further guidance with respect to cybersecurity disclosure requirements under the federal securities laws as they apply to public operating companies ...
On April 2, 2018, the United States Supreme Court in Encino Motor Cars, LLC v. Navarro, Justice Thomas writing for the majority, held that car dealership “service advisors” are “salesm[e]n… primarily engaged in… servicing automobiles” and therefore are exempt from the FLSA’s overtime requirements under 29 U.S.C. § 213(b)(10)(A) ...
Activists are recasting risk in a way that can only damage industry Last August, a California jury awarded plaintiff Eva Echeverria a total of $417m in compensatory and punitive damages in a lawsuit against Johnson & Johnson (J&J). Her case was that the company should have warned consumers that studies had found an inconclusive correlation between ovarian cancer and talcum powder ...
The Employment Insurance System Act 2017 (“EIS Act”) came into effect on 1 January 2018. For the first time in Malaysia some form of unemployment benefits are provided for private employees. Previously, employees who were terminated or retrenched did not receive any benefits during the period they were unemployed ...
Can “consent” to use a registered trade mark be considered an abandonment by the owner of the exclusive rights to that registered trade mark in perpetuity? Section 40(1)(dd) of theTrade Mark Act 1976 (“Act”) provides that it is not a trade mark infringement if it is “the use by a person of a trade mark in relation to goods or services to which the registered proprietor or registered userhas at any time expressly or impliedly consented to” [Emph
Now that the Ministry of Human Resources and Emiratisation has issued the new regulations addressing part-time employment, let us take a closer look at what this means. The new measure is Ministerial Resolution 31 of 2018. It does not address part-time work as such, but rather part-time work for someone other than the employee’s regular employer. Before this new measure was promulgated, the Labour Law accommodated part-time work for an employee working for only a single employer ...
Violating California's Occupational Safety and Health Act May Lead to Civil Penalties On February 8, 2018, the California Supreme Court unanimously ruled that local prosecutors could pursue civil penalties against employers for violating workplace safety standards under California's unfair competition law and fair advertising law, despite the employer's federal preemption challenges. Solus Indus. Innovations, LLC, 228 Cal. Rptr. 3d 406 (2018) ...
Parties to a contract can give the right to enforce an obligation in the contract to a third party. For example, they are very often used where a large business enters into a contract with a supplier and wants its group companies to be able to enforce the contract. In England, this is governed by the Contracts (Rights of Third Parties) Act 1999. In Scotland, the legal recognition for this has been a common law principle, jus quaesitum tertio ...
