In the final part of our mini-series in dealing with DSARs, we look at the process of redacting when responding to a DSAR, and in particular, what information should be provided to an employee who has submitted a DSAR. Employees are increasingly seeking to raise DSARs within an employment context and in particular ahead of instigating legal proceedings. Responding to a DSAR can be a challenging, costly, and often time-consuming process ...
The current Temporary Agency Workers Regulations (S.L. 452.106) regulate temporary agency workers, transposing Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work into Maltese law. This legislation is meant to ensure equality of treatment between temporary agency workers and employees of the user undertaking (the entity for which the temporary agency workers would be providing their services) ...
Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are at-will employees who can be terminated (or can quit) for any or no reason. They may have an offer letter but no employment agreement. In other situations, founders or investors demand that the company put employment agreements in place with key personnel ...
As employers begin to embrace Artificial Intelligence (AI) within the workplace, its growing use within the recruitment process means that the potential risks of its implementation need to be considered. The Responsible Technology Adoption Unit (RTA) has published guidance to assist HR and recruitment organisations on how to use AI responsibly ...
Our Employment and Benefits practice group recently organised an afternoon seminar focusing on current and upcoming topics in the field of employment law and within the labour market in Finland. This article dives deeper into some of the topics discussed during the successful afternoon at Krogerus and gives a brief overview on what to expect in the coming months in the field of employment law ...
A Guide to Guernsey's population management regime following the new Employment Permit Policy Up until April 2023, two separate policies with different criteria governed immigration Work Permits and Population Management Employment Permits. However, to streamline the process and to enable businesses to look further afield to fill job roles, a new Employment Permit Policy (the New Policy) has been introduced ...
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers from entering new non-compete agreements with workers and requires employers to notify workers with existing non-compete agreements that those agreements will not be enforced ...
For many years, nurses in Ohio were only required to disclose convictions to the Ohio Board of Nursing on their biennial license renewal application. However, a new regulation from the Ohio Board of Nursing now requires licensees to additionally report a guilty plea, conviction or treatment in lieu of conviction of certain crimes within 30 days of the plea or entry ...
On 15 May 2024 a new report, titled 'Skills 2030; Building a World-Class Skills System' was launched in Westminster. Below are our key recommendations of the report and what it could mean for the automotive sector. The report includes contributions from multiple industries and sector leaders including the Institute of the Motor Industry (IMI), Jisc, The University of Derby and The University of Warwick ...
In recent years, the regulatory framework for human genetic resources ("HGR") in China has become increasingly mature ...
nternal investigations: an employee’s right to be assisted during an interview. The Supreme Court clarifies… but is already overruled by recent legislative changes? Although employers have been proceeding with internal investigations for decades, nowadays they raise more and more legal questions. Driven by legislative initiatives (e.g. whistleblowing legislation) and case law trends, there are many situations in which an employer may be forced to an internal investigation ...
Recently, modifications announced by the Department of Health and Human Services (“HHS”) to 42 C.F.R. Part 2 (“Part 2”) rules governing Confidentiality of Substance Use Disorder (“SUD”) Patient Records went into effect. This is a major rule change for Part 2 providers and the enhanced penalties and enforcement measures make compliance with the new rules essential for any Part 2 provider ...
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 ...
