HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to protect their employee data ...
Chapter 12: Family, Medical, and Military Leave: Recent Developments Under the FMLA and USERRA April 2024 Co-Authored By: Michelle Brookfield The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and has now developed over thirty years of regulations and extensive caselaw ...
May 10, 2024 By: Dylan W. Wiseman and Sarah Andrzejczak On April 23, 2024, the Federal Trade Commission approved and issued its final rule effectively banning employers’ use of non-compete agreements (subject to very few exceptions). The rule becomes effective 120 days after publication in the Federal Register, heralding yet another stride towards enhanced employee mobility. Despite the unfavorable reception from many employers, it’s important to understand that all is not lost ...
Five years ago, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) made several significant changes to certain distributions required pursuant to Internal Revenue Code (“Code”) Section 401(a)(9) (“Required Minimum Distributions” or “RMDs”). The changes related to the RMD ‘10-Year Rule’ (summarized in greater detail below) have proven to be particularly difficult to interpret ...
Saleform 2012 is one of the most widely used contract formulars for the sale and purchase of second hand tonnage. The Saleform has its origins back to 1925 and was adopted by BIMCO in 1956. Since then, the Saleform has been amended several times, latest in 2012 ...
In our fourth article in the series focusing on the risk of discrimination in the workplace, we consider the protected characteristic of pregnancy and maternity, the common issues that arise and what employers should do to avoid claims of discrimination. Despite the Equality Act 2010 (EqA) making it unlawful to discriminate against women because of pregnancy or maternity leave, women continue to face significant challenges in the workplace when they become parents ...
On 23 April 2024 the U.S.A.’s Federal Trade Commission (FTC) issued a final rule banning non-compete clauses in employee contracts. The rule will take effect six months following formal publication.1 The scope of the rule is an absolute and immediate prohibition of non-compete clauses, with the obligation on employers to serve notice on employees informing them they are no longer bound by the clause ...
The United States is on the verge of one of the biggest, if not the biggest, transformations to marijuana policy in the last 50 years. According to an Associated Press report, the Drug Enforcement Administration (DEA) is expected to reschedule marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act (CSA) ...
As the first round of H-1B Cap selections ended on April 1, 2024, employers began looking for options to sponsor highly qualified employees to fill positions of need. We outlined some options for those not selected in a previous client alert, including L-1 visas for intracompany transfers, O-1 visas for extraordinary ability individuals, J-1 and F-1 visas for students and other country-specific options ...
By: Sarah Andrzejczak On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a crucial resource for employers striving to uphold fairness and equality for all employees, irrespective of gender identity. The new guidance builds on the U.S. Supreme Court’s 2020 decision in Bostock v ...
Mamo TCV Advocates in collaboration with the Foundation for Human Resources Development (FHRD) will once again be organising the course entitled ‘Award in the Practical Applications of Maltese Employment Law’. This course shall consist of a number of lectures on various topics related to Maltese employment law including employment contracts, termination of employment, occupational health and safety matters, employee data processing and immigration issues ...
A new draft Act has recently been submitted to the Belgian Parliament that aims to amend the Social Penal Code which lists the infringements of labour and social security law that are punishable and the related penalties. The new draft Act is very ambitious, as it contemplates being the biggest reform of the Social Penal Code since the latter’s enactment ...
Between September 2021 and May 2022, the words 'stress', 'mental health' and 'depression' appeared in more than 12,000 early conciliation or employment tribunal cases , demonstrating the prevalence of this subject matter in employment-related disputes. Today, more than ever, employers are expected to afford greater consideration to workplace conditions that do or could impact upon employees’ mental health ...
China's National Medical Products Administration (NMPA) released the 2023 Drug Review Annual Report on its official website on February 4, 2024, closely followed by the 2023 Medical Device Registration Annual Report on February 5. According to the public information, more than 60 innovative drugs have been approved by NMPA from 2022 to 2023, and a total of 61 innovative medical devices have been approved in 2023 ...
The U.S. Equal Employment Opportunity Commission (“EEOC”) has submitted its final version of enforcement guidance on workplace harassment. We previously reported on the new guidance when it was proposed in early October of 2023. This is the first time the EEOC has updated its workplace harassment guidance since 1999. Some of the new topics addressed include remote work, the #MeToo movement and the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia ...
On April 23, 2024, the Federal Trade Commission (“FTC”) voted to issue a final rule banning non-compete provisions in most industries in the United States (“Final Rule”). Dinsmore attorneys were quick to publish the details and impact of the Final Rule, which is available here. This supplement focuses on the impact of the Final Rule on the healthcare industry ...
In the latest update to Kentucky’s Medical Cannabis Program (the “Program”), Governor Andy Beshear signed House Bill 829 which moved up the timeline to apply for cannabis business licenses by six months. Additionally, two emergency regulations were issued by the Program that explain how to apply for a cannabis business license ...
On April 23, 2024, the U.S. Department of Labor (“DOL”) published its final rule increasing salary threshold amounts required for certain employees to be exempt from federal Fair Labor Standards Act (“FLSA”) overtime requirements. The new rule is scheduled to take effect on July 1, 2024. Based on DOL estimates, the rule will expand overtime protection to cover more than 4 million additional workers within the first year ...
By: Leah Lively and Alexandra Shulman On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and Computer Employees,” increasing the salary threshold for an employee to qualify for exempt status under the Fair Labor Standards Act (FLSA). The final rule takes effect on July 1, 2024 ...
As noted in our May 3, 2023 and August 14, 2023 client alerts, Congress enacted the Pregnant Workers Fairness Act (PWFA) in late 2022, expanding protections for pregnant workers. Pursuant to the Act, the Equal Employment Opportunity Commission (EEOC) was directed to make rules to implement the statute. On April 15, 2024, the EEOC issued its final rule and interpretive guidance, which will go into effect on June 18, 2024 ...
On April 23, 2024, the Federal Trade Commission (FTC) held a public hearing where members voted 3-2 to adopt a final rule effectively banning employers from enforcing non-compete clauses against employees with very limited exceptions. This rule, which is largely similar to the proposed rule first announced by the Commission in January of 2023, imposes a “comprehensive ban on new non-competes with all workers ...
On 18 April 2024, a new Act to better protect employees undergoing infertility treatment was published in the Belgian State Gazette. The new Act aims to protect these employees against (i) dismissal, and (ii) discrimination. It therefore updates two well-known Belgian employment law Acts: the Labour Act of 16 March 1971 and the Gender Act of 10 May 2007.The new Act enters into force on 28 April 2024. I. Modification of the Labour Act of 16 March 1971: a new protection against dismissal A ...
April 18, 2024 By: Leah Lively and Alexandra Shulman The Supreme Court of the United States issued an opinion on Wednesday, April 17, 2024, that will make it easier for employees to pursue discrimination claims against their employers based on job transfers or other non-pecuniary personnel decisions. In Muldrow v. City of St. Louis, Muldrow, a female police officer, alleged that she was transferred to a less desirable unit because a new supervisor preferred a male officer for the role ...
The United States Equal Employment Opportunity Commission (“EEOC”) has issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA”). The final rule, which aims to provide clarity regarding the protections afforded to employees and duties imposed upon employers under the PWFA, is set to be published in the Federal Registrar on April 19, 2024. It will thereafter become effective on June 18, 2024, 60 days after its publication ...
