In the days following Hurricane Harvey, tremendous attention has been appropriately placed on individual safety and rescue for the millions affected by the storm’s devastating winds and catastrophic flooding. Now the immediate emphasis for many corporate policyholders has turned to the practical challenge of repairing damaged property and restoring business operations suspended by the storm ...
As Hurricane Harvey continues to cause far-reaching disruptions, it is important to understand how to effectively assert or respond to assertions of force majeure. This summary outlines the steps to take to assert force majeure, and initial considerations for those who have received several notices of force majeure from counterparties ...
Types of Weather-Related Losses for Which Insurance May Be Available Different businesses are affected differently by the same storm, and even the same physical damage. For instance, a physical loss to a part supplier caused by flooding or a lost roof might impact that business as a physical property loss and as a consequential loss of business income. That same event might also indirectly impact a product manufacturer that relies on the part supplier for components to its product ...
Hurricane Harvey has radically impacted every industry in southeastern Texas, including healthcare providers, who continue to analyze potential next steps in ensuring operations can resume so that they can further assist those in need of healthcare services. Below are several links to resources that may be helpful for healthcare providers attempting to navigate through their options ...
On August 31, 2017, Judge Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down a Department of Labor rule that would have raised the minimum salary for an individual to be exempt from overtime pay from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). The final version of the overtime rule was announced last May and was set to take effect on Dec ...
Whenever emergency situations such as Hurricane Harvey cause office closures and such offices are subsequently reopened, Texas employers must remember several points to stay compliant with employment laws. In general, employees who are classified as exempt from the Fair Labor Standards Act’s minimum wage and overtime provisions must be paid a salary each week ...
IRS provides Retirement Plan Loan and Hardship Distribution Relief for Harvey Victims The IRS has released Announcement 2017-11 providing relief from some of the loan and hardship distribution requirements under qualified retirement plans (including Code Section 401(a) and 403(b) plans) for the period of August 23, 2017 through January 31, 2018. The relief applies to employees or former employees either (i) whose principal residence on Aug ...
As Hurricane Harvey continues to sweep the Texas coastline and destroy property in its path, insureds should take action before September 1st to protect their statutory rights and avoid the changes made under House Bill 1774, also referred to as the “Hail Bill,” which take effect September 1, 2017. The Hail Bill adds “Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage” to the Texas Insurance Code ...
Few medical issues are as significant to an employee and an employer as major back surgery. The procedure incapacitates the injured worker for months and leaves the employer short staffed while the employee recovers. Additionally, these surgeries often do not result in the expected outcome, which leads to further impairment and expense ...
The Insurance (Bancassurance) Regulations, 2017 were recently gazetted, giving effect to bancassurance under the Insurance Act, 2017 (which is yet to commence) and the Financial Institutions Act, 2004.The introduction of Bancassurance in UgandaBancassurance refers to an arrangement where an insurance company uses a bank’s sales channels to sell insurance products ...
Introduction. Panama has become a popular destination to immigrate in the region, due to its economic growth and socio-political stability which contrasts with other neighboring countries´ intricate conditions. Within the last decade, multiple infrastructure projects, as well as incentives favorable to establish and operate multinational companies have resulted in an increase of foreign nationals within the country, creating a multi-ethnic and multi-cultural society ...
As seen in Human Resource Executive Online In the aftermath of the events in Charlottesville, Virginia, over the weekend, a Twitter account with the handle @YesYoureRacist began soliciting the assistance of the general public to identify rally attendees based on photographs. “If you recognize any of the Nazis marching in #Charlottesville, send me their names/profiles and I’ll make them famous,” the Twitter-detective tweeted ...
While the Ukrainian Parliament continues heated debates over the open market for agricultural land, one thing remains clear - the lifting of the moratorium on sale of agricultural land is an inevitable process, which is largely driven by globalization and the expansion of influence of major world corporate groups in Ukraine. However, for the land market and agribusiness to become transparent and efficient, the relevant risk management systems have to be implemented ...
In a decision made earlier this year, the Board of Equal Treatment established that the dismissal of a 62-year old teacher did not constitute discrimination on the grounds of age. The board found it proven that the teacher''s competence profile could best be dispensed with in connection with the educational institution''s forward-looking need to cover lessons with a reduced number of teachers ...
On August 2, 2017, President Trump and Senators David Perdue (R-GA) and Tom Cotton (R-AR) announced an immigration bill, which would profoundly amend and re-structure the Immigration Nationality Act ...
Medical Cannabis approvals in the City have been the subject of intense negotiations, hearings, and appeals in the last two months. First, our law firm assisted the Apothecarium - Sunset (an additional location in the Sunset District for the medical cannabis dispensary called The Apothecarium currently near the Castro), in obtaining an approval at the Planning Commission ...
We previously reported that on March 30, 2017, Ohio Gov. John Kasich and the executive directors of Ohio’s health care licensing agencies announced new standards for prescribing opiates for acute pain ...
It has been four months since the changes to 42 CFR Part 2, the confidentiality regulations that apply to all substance abuse treatment records, became effective. Ensure your policies and forms have been updated. The finalized changes to 42 CFR Part 2 by the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within the U.S. Department of Health and Human Services (HHS), took affect March 21, 2017 ...
New Ruling – calculation of an hourly employee’s last wage for the purpose of calculating the severance pay to which he is entitled will be made according to the partiality of his position throughout the term of his employment On June 4, 2017, the National Labor Court rendered a judgment in Labor Appeal 44824-03-16 Y.B. See Resources Ltd. vs Adhenom Berh Teami (the “See Resources Case“) ...
Many employers routinely ask job applicants about their salary or earnings history, either in written job applications, during interviews, or during post-offer salary negotiations. Such activities will soon be prohibited in San Francisco. Earlier this month, the City’s Board of Supervisors voted unanimously to ban employers from asking job applicants about their salary history or from considering such information in determining whether to hire an applicant or what salary to offer ...
SyCipLaw''s Employment & Immigration Update (Volume XV, Issue 1) features updates and articles on issuances from the Department of Labor & Employment (DOLE), including the new guidelines on contracting and subcontracting, and the implementing rules and regulations of theAnti-Age Discrimination in Employment Act,the Data Privacy Act of 2012, and those governingthe employment and working conditions of collectors in the debt collection industry ...
A CFO of a company was dismissed for poor performance. He sued his employer arguing that his dismissal was unjustified. The company’s defense was based on several emails produced in court which were supposed to show the CFO’s poor quality work.Under French law, the golden rule is that any system collecting or processing data including professional email systems must be declared to the Data Protection Agency (“CNIL”) in order to be legal ...
A regional director was fired for poor performance.According to her dismissal letter, she was terminated because of her behavior that had led a number of co-workers to suffer from stress and harassment. More particularly, the letter pointed out her directive management style and her authoritative leadership, a lack of consistency and honesty, the fact that she aimed at discouraging her team members and did not treat them with respect using an insulting and degrading language ...
An employee was fired after several sick leave periods, the last one of more than seven months. Her dismissal was based on the disturbance of the running of the prospecting and customer retention department that had resulted from her frequent and prolonged absences.She sued her employer before the labor court, seeking to have her dismissal declared unfair.The Court of Appeals rejected her claim ...
Under California law, employees are entitled to “one day’s rest therefrom in seven,” unless certain statutory exceptions apply. In Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (2017), the California Supreme Court addressed several ambiguities in the statutory language, giving employers much needed guidance on how to comply with California’s day of rest requirements ...
