Changes to the off-payroll working rules for private sector organisations originally planned for April 2020 will now come into force from 6 April 2021. As a result, large and medium sized organisations engaging contractors through an intermediary will have various responsibilities and potential liabilities ...
A change in administrations from Republican to Democratic usually ushers in increased enforcement, regulation and strategic initiatives. Most of the Trump regulations and initiatives will likely be scrapped where possible. They will be replaced by rules and guidance documents that have been held in abeyance during the previous administration, as well as numerous new initiatives ...
i. To extend until December 31st, 2021, the occupational emergency declared by the Necessity and Urgency Decree No. 34/2019. ii. To extend the prohibition of dismissals without just cause and for the causes of lack or reduction of work and force majeure for a period of 90 days as of the expiration of the term established by Decree No ...
Welcome to the Life Sciences & Healthcare Newsletter, a publication prepared by our multidisciplinary team dedicated to the Healthcare industry, under the coordination of partners Lior Pinsky and Renata Fialho de Oliveira. INSURANCE ANS establishes operating rules for electronic administrative proceedings, effective as of end of March 2021 Andrea Piccolo Brandão In accordance with Decree No. 8,539, of Oct. 08, 2015 ("Dec ...
For the time being, there are no specific laws governing the use of artificial intelligence in Canada. Certainly, the laws on the use of personal information and those that prohibit discrimination still apply, no matter if the technologies involved are so-called artificial intelligence technologies or conventional ones ...
Following the Christmas Eve agreement between the UK and EU signing the Trade and Co-Operation Agreement (“Trade Deal”), we consider what impact the Trade Deal may have on employment law. The UK is free to modify or diverge from any future EU employment laws, however, if such changes have a material impact on trade or investment, the EU (subject to certain constraints and an arbitration process) may apply “rebalancing measures ...
Under the Trade Deal, the UK has agreed and committed that it will not reduce the level of protection for workers and that it will not reduce employment law rights below the standards that exist as at 31 December 2020 in a manner that affects trade or investment ...
With certain protections now being likely to protect pregnant employees, those on maternity leave and those returning from leave for longer in certain redundancy situations, how can employers mitigate their risks? Employees who are pregnant, who are on (and who are returning from) maternity leave have the legal right not to be treated less favourably or discriminated against by their employer under both the Maternity and Parental Leave etc. Regulations 1999 and the Equality Act 2010 ...
This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page. You’d think we had it all: beautiful open plan office spaces, meeting rooms with floor to ceiling glass walls, digital collaboration platforms, virtual meetings… ...
On 18 December 2020, the Securities and Futures Commission (SFC) issued a public consultation paper (Consultation) on proposed amendments to the Code on Pooled Retirement Funds (PRF Code). The proposals are part of the SFC’s holistic review of the PRF Code following the revision of the Code on Unit Trusts and Mutual Funds (UT Code) which was implemented in 2019 ...
Two federal cases in the Northern District of Ohio recently reached very different conclusions on whether the state’s COVID-19 shutdowns of restaurants permit valid claims for business interruption insurance coverage. Reviewing essentially the same facts and policy provisions, one court found for the insurer, holding no coverage to exist. The other found for the policyholder, awarding coverage. The opposite results will no doubt lead to further upcoming appellate activity in Ohio ...
All indications are that the evolution of privacy laws and their impact will continue to evolve, perhaps even at a greater pace, in 2021. In celebrating Privacy Day, January 28, 2021, we would like to share four things businesses should be keeping their eyes on, and planning for, in 2021. 1. Significant changes to privacy legislation in Canada. Canadian federal and provincial governments have tabled and proposed sweeping changes to privacy laws in Canada ...
In response to ongoing pleas for guidance, the Department of Labor (DOL) has published an informal outline expressing its views on how retirement plan administrators should be addressing missing or unresponsive participants. Through contrasting lists of "red flags" and "best practices," the publication reveals the DOL's expectations of plan administrators and provides helpful guideposts for them to follow ...
CONGRESS PASSES TRADEMARK MODERNIZATION ACT LEGISLATION In December 2020, the U.S. Congress took action that will have a significant effect on brand holders. At the end of the year, Congress passed the Trademark Modernization Act (“TMA”) that, inter alia, provides additional tools to the USPTO to respond to the rise in improper behavior in trademark filings including filing fraudulent claims of use ...
The requirement for businesses to publish gender pay gap reports was cancelled in 2020 as a result of COVID-19. Gender pay reporting is, however, back on the agenda for 2021 so is there anything new that you need to know? In short, yes. There has been a lot of commentary over the last nine months about the impact of Covid-19, and particularly furlough, on gender pay statistics (see our previous article here https://www.shoosmiths.co ...
Over the last several years, banks of all sizes have successfully partnered with emerging fintech companies to offer innovative loan products to a broader range of customers. Under a typical form of this partnership, a fintech, which is subject to the policies of the partner bank, will market loan products, take and process loan applications, and will service those loans once they are funded ...
This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page. The Covid pandemic has clearly had a significant impact on our society, the economy and everyday life, with numerous sectors having found life in lockdown incredibly challenging ...
This is the first in our series of articles in which we will look at how Brexit and the EU-UK trade deal impacts research and development. In July 2020, the Government published its Research and Development Roadmap, which sets out the UK’s ambitious long-term objectives for investment in science and research to deliver economic growth and societal benefits across the UK ...
At the beginning of the pandemic, businesses had to rapidly adopt new ways of working and enable staff to work from home as much as possible. Nine months on, the threats posed by the virus remain, and ways of working have changed beyond recognition. We consider below the longer term impact of COVID-19 on flexible working, and the extent to which employees are willing (or not) to return to their ‘normal’ place of work ...
Safe at Home Address Confidentiality Programs (ACPs) have been adopted in many states to protect domestic violence victims’ addresses and other personal information from collection and disclosure. Financial services institutions are taking strides to protect the data of participants in ACPs, but the financial services industry also faces some of the most complex issues with ACP compliance ...
As we all know by now, the U.S. Capitol was stormed by a mob of President Trump’s supporters on Wednesday January 6, 2021. A great deal of the mob, as well as police officers who appeared to stand aside as rioters streamed inside, were captured on video and replayed repeatedly over the news. This includes two Canadian nurses who allegedly travelled to Washington D.C. to participate in an anti-lockdown event which preceded the Capitol Hill riot ...
In the state of Ohio, a light-duty job offer is a strategic way to either bring an injured worker back to the workforce or bar temporary total compensation, should the injured worker reject a valid offer. Either way, it can aid employers in eliminating, minimizing, and/or stopping temporary total disability compensation from being paid in a claim ...
This article forms part of our ‘New How: Perspectives’ report: ‘Home Working not the Panacea’. To access this free report, please click on the download link to the right of this page. Home. Noun. Meaning: “The place where one lives permanently, especially as a member of a family or household.” Not any longer. Home is now also where many of us work ...
The United States’ Centers for Disease Control and Prevention (CDC) has issued an order that will take effect on January 26, 2021, requiring all arriving international airline passengers to provide proof of a negative COVID test taken within three days of the flight’s foreign departure. For those who have had it, the CDC will require proof of recovery ...
The year 2020 will have been difficult for the vast majority of industries, and in particular for the arts, entertainment and recreation industry. The video game industry, however, is growing in leaps and bounds. For example, Nintendo and PlayStation have each set record sales for their games released in 2020, including Animal Crossing:New Horizons and The Last of UsPart II. Over the past few decades, the number of video game players has never stopped increasing ...
