On April 30, 2018, the California Supreme Court in Dynamex Operations West Inc. v. Superior Court (Case No. S222732) modified the test for determining whether a worker is an independent contractor for purposes of California wage orders. The Court expanded the definition of "employee" and rejected its long-standing independent contractor test ...
On May 7, 2018, Michigan’s version of the Uniform Commercial Real Estate Receivership Act (the “Act”) will go into effect—bringing long-overdue clarity to the laws surrounding receivers and receiver-managed properties. For decades, lenders, borrowers, owners, property managers, and other parties in business (or litigation) with receiver-managed properties in Michigan have had to rely upon a patchwork of case law and the limited guidance offered by MCR 2 ...
In March 2018, the new Serbian Law on Foreigners was adopted, replacing the 2008 version of this law- in force until recently without any amendments. The new law will enter into force on 3 October 2018 ...
The manufacturer of a product generally has a duty to warn the end-consumer of any serious risks associated with that product. In the context of prescription drugs and medical devices, however, the “learned intermediary” doctrine holds that the manufacturer need not warn the end-consumer (i.e., patient). Instead, the manufacturer discharges its obligations by warning the prescribing physician ...
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) ...
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” ...
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 ...
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”) ...
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 Texas, tenants who are obligated to reimburse property owners for property taxes have a right to protest the appraised value of the property if the property owner does not file a protest relating to the property. To facilitate this right, the Texas legislature enacted a law (Section 41.413 of the Tax Code) that requires the property owner to give all such tenants a copy of the notice of appraised value received by the property owner within 10 days of receiving the notice ...
The Department for Digital, Culture, Media and Sport (DCMS) has published the Creative Industries Sector Deal aimed at making the UK the best place in the world for businesses in the creative industries. This is the latest sector deal to flow from the government's Industrial Strategy White Paper after sector deals for life sciences and the automotive industry were announced in late 2017/early 2018, respectively ...
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 ...
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) ...
On January 3, 2018, San Francisco’s State Senator Scott Wiener introduced a bill (SB 827) that would all but abolish the city’s famously strict land use controls—and those of virtually all California’s urban neighborhoods. It is considered the most radical of all the pro-housing legislation introduced during the last year in California ...
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 ...
The Finance (No 2) Act 2017(“FA”) received royal assent on 27 December 2017 and was introduced to amend theIncome Tax Act 1967, the Real Property Gains Tax Act 1976 (“RPGTA”), the Goods and Services Tax Act 2014and the Finance Act 2013. This article will discuss the amendments to the RPGTA as provided in sections 16, 17 and 18 of the FA. The amendments to the RPGTA came into operation on 1 January 2018 ...
The 2018 West Virginia legislative session was a busy one regarding consumer finance law. Legislators focused on the West Virginia Consumer Credit and Protection Act and the West Virginia Safe Mortgage Licensing Act. The West Virginia Legislature passed at least three bills this past session that affect consumers or financial transactions ...
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 ...
