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Shoosmiths LLP | November 2022

On the first day of Christmas, HR was asked, “Who should we invite to the Christmas party?”. And HR replied...everyone! When it comes to Christmas parties, although it is rare for employees who are absent, for example on sick leave or maternity or other family leave, to be deliberately excluded from the invite list, it is often the case that they are overlooked, particularly if they have been absent for some time ...

Mamo TCV Advocates | November 2022

 The agreement on a new EU-U.S. data privacy framework between EU Commission President Ursula Von Der Leyen and U.S. President Joe Biden had already been announced on 25 March 2022 (for background, please refer to our previous article The EU-US Privacy Shield: Third Time’s a Charm? – Mamo TCV) ...

Dinsmore & Shohl LLP | November 2022

Given the ubiquitous nature of end-user license agreements, terms of service, and similar agreements for websites and other software,[1] it is unsurprising that a company has filed a Petition for Certiorari with the Supreme Court this term (in Genius v. Google) asking the Court to consider the extent to which the Copyright Act preempts private contracts involving a promise not to copy digital content ...

Shoosmiths LLP | November 2022

2022 saw the removal of all COVID-19 related restrictions. As we enter our first winter restriction free, we are likely to see a significant spike in COVID-19 cases in addition to other cold or flu viruses. So, what should employers do to manage this? It is imperative that employers consider what they can do to effectively manage COVID-19 within the workplace this winter and how best to protect their employees from associated risks ...

Shoosmiths LLP | November 2022

With all the changes to the world of work that we have recently experienced and are continuing to experience, our webinar programme this year is focused on the future of work and in particular the hot topics that HR teams are having to handle now in order to future-proof their organisations.  Our latest seminar focused on menopause in the workplace ...

Shoosmiths LLP | November 2022

According to a recent Employment Appeal Tribunal decision, an employee cannot settle future statutory claims that have not arisen at the date of the settlement agreement. We review what this means in practice for parties entering into such agreements. In order for a settlement agreement to be valid, it must comply with the necessary statutory requirements ...

Shoosmiths LLP | November 2022

The Confederation of British Industry (CBI) has recently published its most recent Financial Services Survey, the results of which demonstrate the effect that Brexit is having on immigration of employees and expertise in to the UK in the financial services sector. There are an estimated 1.1 million UK jobs in the financial services sector. Historically, the sector obtained one fifth of its workers from outside of the UK ...

Shoosmiths LLP | November 2022

Employers will be familiar with the desire to settle a Tribunal claim before it reaches a final hearing, in fact the Tribunal itself actively encourages mediation and settlement. Swiss Re Corporate Solutions Ltd v Sommer EAT is an excellent example of why it is important to be careful in all without prejudice communication so that if a settlement is not reached, the without prejudice communication does not end up disclosed as part of the Tribunal proceedings ...

Shoosmiths LLP | November 2022

How can an employment disciplinary investigation findings determine fitness and propriety? Senior Managers & Certification Regime (SM&CR) firms are under a duty to consider fitness and propriety on an ongoing basis ...

Shoosmiths LLP | November 2022

Direct marketing by email is a keystone for many businesses. It can be efficient and effective: but are you confident you are getting it right? Getting it wrong can cost customer goodwill and see the regulator knocking at the door. On 17 October the UK data regulator, the Information Commissioner’s Office (ICO), issued new guidance on electronic mail for direct marketing purposes which should be helpful for companies trying to do the right thing ...

Hanson Bridgett LLP | November 2022

On October 21, 2022, the IRS announced in Notice 2022-55 cost-of-living adjustments to the tax-qualified retirement plan dollar limits for 2023. Most of the applicable dollar limits currently effective for 2022 will increase substantially compared with prior years. Below is a summary of the limits that are generally relevant for most retirement plans. Effective January 1, 2023: The elective deferral limit for 401(k), 403(b), and eligible 457(b) plans is increased from $20,500 to $22,500 ...

Shoosmiths LLP | November 2022

A breakdown of the ICO’s recent guidance on how to comply with the UK’s data protection regime when making live marketing calls. The ambiguous lyrics from this popular song have left me confused ...

Shoosmiths LLP | November 2022

The Employment Appeal Tribunal (EAT) has held that legal privilege does not apply retrospectively to an original version of a report produced before legal advice was sought ...

PLMJ | November 2022

1. Introduction Transmission services used in the provision of M2M services are growing in importance. As a result, in May 2019 ANACOM (the Portuguese communications regulatory authority) launched a public consultation1 to collect input on the possible creation of a specific range in the national numbering plan (plano nacional de numeração - PNN) to accommodate these services ...

Dinsmore & Shohl LLP | November 2022

The SEC Division of Examinations issued a Risk Alert on September 19, 2022 announcing examination initiatives relating to Advisers Act Rule 206(4)-1 – the “Marketing Rule.”  The compliance date for the Marketing Rule is November 4, 2022.  Any advertisements distributed by investment advisers on or after that date are subject to the requirements of the Marketing Rule. This alert outlines areas that will be reviewed during examinations ...

Kudun and Partners | November 2022

About Us Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...

Shoosmiths LLP | November 2022

When we talk about discrimination, most people think of those with protected characteristics such as disability, race or sex being treated less favourably. Should we be considering people being treated less favourably because of their height? What is heightism? The general premise of heightism is the act of forming beliefs subconsciously about someone’s mental and physical qualities because of their height ...

Shoosmiths LLP | November 2022

With increased cost of living and ongoing economic uncertainty, more and more workers are being forced to take on two (or more) jobs to cover soaring energy bills and pricey food shops. What do employers need to know and watch out for when this happens? Is having a second job permitted? It is not necessarily unusual for employees to have more than one job at the same time ...

ALRUD Law Firm | November 2022

Many companies have recently had to deal with situations where their employees (including remote employees) have independently decided to leave Russia and continue working from abroad. We have been receiving numerous requests for consultations on how to properly handle such work legally. It’s crucial now more than ever to act strictly in accordance with the law ...

DFDL | November 2022

On 9 September 2022, the Ministry of Labour and Vocational Training (“MLVT”) issued Guideline 3005 on Administrative Fines for Owners or Directors of Factories, Enterprises or Establishments that Employ Foreign Employees without Work Permits and Employment Cards (“Guideline 3005”) ...

The Internal Revenue Service and Social Security Administration have announced the various retirement plan benefit and employment tax limits for 2023. Certain limitations will not change for 2023 because they are not subject to annual adjustments.  However, limits tied a cost of living index have increased.    The limits for 2023, as compared to those in effect for 2022, are set forth below ...

Kudun and Partners | October 2022

Careers Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...

Shoosmiths LLP | October 2022

All employers in the UK have a responsibility to prevent illegal working which is done by undertaking simple right to work checks before an employee commences employment. 1. Why do employers need to know what IDSPs are? All employers in the UK have a responsibility to prevent illegal working which is done by undertaking simple right to work checks before an employee commences employment ...

Shoosmiths LLP | October 2022

A recent Supreme Court decision has clarified the position on how holiday pay for irregular workers on permanent contracts should be calculated. But practically, where does this leave employers and what options are available to them? Background Under the Working Time Regulations, workers are entitled to be paid a minimum of 5 ...

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