On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration Emergency Temporary Standard, finding that the challengers to the ETS are likely to prevail. Justices John Roberts, Amy Coney Barrett, and Brett Kavanaugh issued the decision to stay the OSHA ETS. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas concurred with their own separate opinion ...
While the U.S. Supreme Court continues to deliberate over whether the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) is a valid exercise of OSHA’s regulatory authority, OSHA has continued to update their ETS FAQs to provide more guidance to employers. In particular, OSHA has clarified the requirements that apply to the use of over-the-counter COVID-19 tests (OTC Tests) for compliance with the testing requirements of the ETS ...
On Jan. 13, 2022, the Supreme Court of the United States lifted the injunction on the Centers for Medicare and Medicaid (CMS) vaccine mandate (Mandate).[1] Previously, injunctions were imposed by district courts in Missouri and Louisiana, and affirmed on appeal by the Eighth and Fifth Circuits, respectively, thereby prohibiting enforcement of the Mandate in 24 states ...
On Jan. 13, 2022, the United States Supreme Court issued an order blocking enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring (among other things) employers of 100 or more employees to require employees to be vaccinated against COVID-19 or ensure unvaccinated employees are tested for COVID-19 weekly ...
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 ...
On December 16, 2021, the Cal/OSHA Standards Board readopted the Emergency Temporary Standards (ETS), but included several revisions which will go into effect on January 14, 2022 and which will remain in effect for three months. In addition, CDPH issued updated guidance for the general public this month. That guidance on isolation and quarantine requirements has now replaced the ETS exclusion periods and return to work criteria for all workers as of January 14, 2022 ...
Over the years, employers have become accustomed to the practice of an injured worker filing a request for compensation (typically an initial award or increase in permanent partial disability) or medical treatment days before the applicable statute of limitations in order to keep the claim alive. It has long been held that an application for such benefits tolls the statute of limitations while that issue is adjudicated before the Industrial Commission ...
Employment Law An examination of the case ofTelekom Research andDevelopment Sdn Bhd v Ahmad Farid Bin Abdul Rahman by the Court of Appeal Introduction The Industrial Court had ruled that the company, Telekom Research and Development Sdn Bhd (“Telekom”), had proven the misconduct against a former employee, the claimant Ahmad Farid Bin Abdul Rahman (“Ahmad”), and that the dismissal was justified ...
The holiday period that has just ended, which marked a record increase in the number of COVID-19 infections, was characterized by the adoption of emergency measures of significant impact on daily life and business activities. Law Decree no. 221 of December 24, 2021 (“LD 221/2021”) has further extended the state of emergency until March 31, 2022 ...
If 2020 marked the beginning of the pandemic, 2021 was the year it became fully imbedded in our personal and working lives. What does 2022 have in store? For the pandemic, only time will tell, but when it comes to employment law things are a little clearer. Employment Bill Perhaps unsurprisingly, the long-awaited Employment Bill did not progress in 2021 ...
If 2020 marked the beginning of the pandemic, 2021 was the year it became fully imbedded in our personal and working lives. What does 2022 have in store? For the pandemic, only time will tell, but when it comes to employment law things are a little clearer. Employment Bill Perhaps unsurprisingly, the long-awaited Employment Bill did not progress in 2021 ...
Whither Advance Ruling under Income tax law? ‘Prevention is better than cure’ is an adage that applies equally to litigation - specially to tax litigation. Towards this end and based on several committee reports starting from Wanchoo Committee (1971) to Choksi Committee (1978) and Raja Chelliah Committee (1993), the Government eventually introduced a mechanism for advance rulings by inserting a new Chapter XIX-B in Income Tax Act 1961 (the Act) ...
There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or more employees to adopt a policy that either (1) requires all employees to be vaccinated, unless otherwise entitled to a medical, disability, or religious accommodation, or (2) requires all unvaccinated employees to be maske
The Fit for 55-package To achieve EU’s Paris climate goals, the EU Commission presented in December 2019 the European Green Deal, including a commitment to reduce greenhouse gas emissions by at least 55% by 2030 (compared to 1990 levels) and become carbon neutral by 2050 ...
The Finance Bill 2021 has recently been passed in Parliament and gazetted on 31 December 2021 (“FA”). One of the FA amendments, which takes effect from 1 January 2022, is that only income arising from sources outside Malaysia and received in Malaysia by any person who is not tax-resident in Malaysia, would be tax exempt ...
SyCipLaw’s Tax Department has prepared an international edition of its Tax Issues and Practical Solutions (T.I.P.S.) for the last quarter of 2021. Please read the full text at https://tinyurl.com/SyCipLaw-DecTIPS-Int-Vol4-2 or https://tinyurl.com/SyCipLaw-DecTIPS-Int-Vol4-3. The SyCipLaw T.I.P.S - International Edition covers the top 10 tax issues of 2021: March 2021 1 ...
Slump Sale - Effect of Amendments by Finance Act 2021 AUTHOR: Shahid Khan Senior Partner and Head Direct Taxation Kochhar & Co. Email: [email protected] Finance Act 2021 has made certain important amendments to Income Tax Act (the Act) in respect of provisions relating to taxation of capital gains arising on Slump Sale ...
Union budget 2022-2023 Expectations Overview The economy of the resurgent India is expecting a road map with the upcoming Union Budget 2022-23. The Budget speech is likely to pen down new reforms and policies that helps the economy to maintain a sustained growth rate ...
With yet another recent uptick in COVID-19 cases, the need for additional health care practitioners in the state of Ohio continues to grow. Recognizing that this shortage will not be resolved in the near future, the Ohio General Assembly has eliminated another barrier for physicians with a prior history involving a substance use disorder to seek licensure in Ohio ...
The Home Office has announced changes to employer right to work checks, effective 6 April 2022 that all employers must be aware of. Carrying out right to work checks is an essential part of the recruitment process and it is important that employers are always up to date with any changes in this area. At present, employers must ask new recruits for physical evidence of their right to work in the UK, such as a Biometric Residence Permit (BRP) ...
With answer to ruling no. 839 of 21 December 2021 (the Ruling 839/2021), the Italian Tax Authorities (ITA) clarify that credit institutions established in the United Kingdom (UK) cannot benefit from the withholding tax exemption on interest and other proceeds from medium-long term loans provided for by Article 26, para. 5-bis, of Presidential Decree no. 600/1973 (the Decree 600/1973). https://www.gop.it/doc_pubblicazioni/935_qrpnmu9tzy_ita ...
In the last article for our Tricky Issues series, we consider the duty to make reasonable adjustments for employees who are deemed disabled under the Equality Act 2010 and share our top tips for employers looking to make such adjustments ...
There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable ...
There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable ...
