When faced with an OSHA citation, it is not uncommon for an employer to acknowledge that a rule was violated, accept the citation, pay the penalty, and move on. Often, evidence that a rule was violated is easily obtained by an OSHA inspector ...
This Q&A is part of the publication prepared to provide insights into hiring remote workers in Asia Pacific by members of the Employment Law Alliance (ELA). SyCipLaw contributed the guide for the Philippine jurisdiction. You may access the complete publication here. Q. Is it possible for a foreign jurisdiction entity to hire remote workers in your country? What are the basic legal requirements (if any) for hiring remote workers from a foreign jurisdiction (contractor vs ...
Undertaking post-employment notice pay (“PENP”) calculations when an employee leaves a business can be complex and easy to get wrong. We discuss some of the issues facing employers when carrying out these calculations. Background PENP is relevant to determining the correct tax treatment of termination payments ...
Dinsmore employment law attorney Alyson St. Pierre authored an article for The Indiana Lawyer regarding a recent Indiana law that does not automatically grant religious exemptions from COVID-19 vaccinations and instead allows employers to investigate the validity of religious exemption requests. An excerpt is below ...
Dinsmore Chief Equity and Inclusion Officer Tammy Bennett, a labor and employment partner, was a featured panelist in a Columbus Business First roundtable discussion on the future of the American workforce, including the Great Resignation. The full article is below. Record numbers of people are changing jobs, quitting to start entrepreneurial ventures or exiting the labor force entirely ...
Non-EEA nationals practising self-employed activities in Belgium must apply for a professional card, unless they can benefit from a legal exemption. Since 1 January 2022 a new and simplified application procedure has come into force in the Flemish region [1]. At the same time, the Flemish government has introduced a new exemption: subject to certain requirements being met, non-EEA nationals taking up a corporate mandate are exempted from the professional card obligation ...
On 10 December 2021, President Rodrigo Duterte signed into law Republic Act No. 11595 (“RA No. 11595”) which introduced important amendments to the Retail Trade Liberalization Act of 2000 (“RTLA”), including the following salient revisions: RA No. 11595 reduced the paid-up capital requirements for foreign retailers, regardless of category, from PHP 25 Million to a minimum paid-up capital of only PHP 25 Million ...
Background Ukrainian citizens fleeing their homeland due to the ongoing crisis are welcome to Romania, where they will receive protection and necessary support. During their stay in Romania, accommodation, food and medical services are accessible for Ukrainians seeking safety from the ongoing military invasion, as a result of a combined effort of the authorities and unrivalled mobilization of private entities and the civil society ...
Two years after Portland law firms sent employees home to work remotely during the Covid-19 public emergency, they are starting to return to downtown — but not to the five-day-a-week routine of pre-pandemic times. “As employers, we have to be flexible to the myriad of circumstances,” said Graciela Gomez Cowger, CEO of Schwabe Williamson & Wyatt. “We’ve been profoundly disrupted ...
The enforceability of restrictive covenants is critical to protecting organisations’ legitimate business interests. A recent summary judgment application sheds light on the approach to be taken where covenants are contained in a shareholders’ agreement ...
A recent decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses ...
In January, Florida’s Second District Court of Appeal affirmed a $638,794.10 award for damages in favor of a utility contract, and reversed an award of $177,750 in liquidated damages in favor of the county that hired it. The damages awarded arose from an improper stoppage of work and delay in construction by the county. Sarasota County Florida v. Southern Underground Industries, Inc ...
On Feb. 24, 2022, the Centers for Medicare and Medicaid Services (CMS) announced the redesign of its Global and Professional Direct Contracting (GPDC) accountable care organization (ACO) into one that focuses on health equity. The redesigned model, Realizing Equity, Access, and Community Health (REACH), was modified to reflect the Biden administration’s policy priorities as well as stakeholder feedback and participant experience ...
On February 28, 2022, the California Department of Public Health (CDPH) issued new guidance on the state's masking requirements to combat the COVID-19 pandemic. The key changes in the guidance show a post-Omicron variant and surge shift from mandatory masking, to a strong recommendation to mask in certain settings ...
March 2, 2022 By Kathryn Fox and Skye Daley It is becoming increasingly common that when an employee files suit against their current or former employer, they file not only against the company they worked for day-to-day but also against any related company ...
Holiday pay cases continue to make their way through the court system. One of the most significant of these, brought by Mr Smith against Pimlico Plumbers, has hit the press again, leaving employers with yet more uncertainty. Background Workers are entitled to 5.6 weeks' paid holiday per year under the Working Time Regulations 1998 (the “WTR”), made up of 4 weeks’ leave derived from the Working Time Directive (Euro-Leave) and an additional 1 ...
Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for February 2022.Tax & RevenueThe Income Tax (The Incentive for Manufacturers of Pharmaceutical Products Scheme) Rules 2022 have been gazetted on 17 February 2022 and have effect from year of assessment 2021 ...
Joint employers and independent contractors need to be aware of recent announcements of both the United States Department of Labor (DOL) and the National Labor Relations Board (NLRB). These bodies have announced significant changes to current regulations with respect to their standards for joint employers and independent contractors ...
The new UAE Labour Law (Federal Decree-Law No. 33 of 2021) came into effect on 2 February 2022. The new Labour Law replaced the previous 1980 statute (Federal Law No. 8 of 1980, as amended). The new Labour Law is generally applicable to employment relationships in the private sector in the UAE (excluding the DIFC and ADGM free zones) ...
On February 18th, 2022, the Asset Management Association of China (“AMAC”) issued the Announcement on Issues related to Application for Fund Practitioner Qualification by Overseas Fund Professionals (关于境外基金专业人才申请基金从业资格有关事项的公告, the “Announcement”), allowing eligible overseas professionals to register with AMAC as PRC fund practitioners ...
In our first quarterly case law update of the year, we take a look at some of the key cases published since October 2021 and consider the lessons that can be learned from them. Disability Discrimination We have seen over recent months an increased awareness and discussion around menopause, particularly regarding the impact that menopause can have in the workplace ...
Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the federal contract. That minimum wage rate will increase annually based on changes to the Consumer Price Index. The federal government predicts that this requirement may impact over half a million firms. Federal contractors with procurement contracts (i.e ...
