On September 22, 2020, the U.S. Department of Labor (DOL) released its first-ever proposed rule outlining a test for when a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). In its proposed rule, the DOL has created a new framework for the well-established “economic reality” independent contractor test ...
Part 1 of this series discusses labour law and labour safety issues. What is it that has changed regarding home office and teleworking because of Covid-19? What can we expect in the future? How can employers prepare for the “new normal” and how can employees manage things from their side? Before Covid-19, teleworking and working from home in Hungary represented a percentage of 1.2 among employees aged between 15-64, according to Eurostat ...
Key Notes FDA announces flexible approach to enforcement of Nutrition and Supplement Facts labeling requirements for small food manufacturers and manufacturers of packaging for single-ingredient sugars, in part due to the impacts of COVID-19. The FDA adopted final rules updating the Nutrition and Supplement Facts1 labeling requirements (the “Rules”) that are effective on Jan ...
In response to COVID-19, the federal government and the provinces have introduced various measures to mitigate the financial impact across the country. One of these measures is the introduction of a new type of type of unpaid, job-protected leave related to COVID-19. As of the date of this bulletin, BC, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Prince Edward Island, Newfoundland, and the federal government have introduced these new leaves ...
Complementary Law No. 175/2020, enacted in September 23, 2020, determined that the Service Tax (ISS) must be shared between the municipalities where the service providers and the clients are located. Complementary Law No. 175/2020, enacted in September 23, 2020, determined that the Service Tax (ISS) must be shared between the municipalities where the service providers and the clients are located ...
Key Points Under Assembly Bill 685, Cal/OSHA can shut down a worksite if the worksite exposes employees to a COVID-19 related imminent hazard. AB 685 subjects employers to increased notification requirements that must be met within one business day of a potential exposure to COVID-19. Employers must notify local public health agencies of all workplace COVID-19 outbreaks amongst employees. Cal/OSHA can now issue serious citations more quickly. On Sept ...
The issue is not foreign talent but transparency in the process. DBS was last week named world’s best bank – the third consecutive year it has received such accolade. It was thus more than a little ironic that in the same week, its chief executive Piyush Gupta was cited by a Non-constituency Member of Parliament (NCMP) as a disappointing example of a non “home-grown” CEO. Mr Gupta has been a Singapore citizen since 2009 and has helmed DBS for more than a decade ...
San Francisco’s Department of Public Health (“SFDPH”) issued yet-another update to its Shelter-in-Place Order, C19-07, on September 14, 2020 (now up to version “i”). This order has been frequently modified to reflect changes in other state and local directives, as more is learned about the disease and as more businesses are allowed to re-open ...
When a company is faced with defending itself against a large claim, it often requires the availability of insurance proceeds from not just the company’s primary insurer, but also from its excess insurance layers. In this scenario, however, excess insurers sometimes will refuse to step in after exhaustion of the underlying insurance layers, arguing that the exhaustion of those underlying layers was wrongful due to payments for uncovered claims ...
On Sept. 14, 2020, Ohio Governor Mike DeWine signed into law a bill, which provides significant protections against tort claims arising from COVID-19 to all entities, including individuals, businesses, health care providers, property owners, government entities, churches, and schools. Amended Sub ...
Businesses that open their doors to customers, guests, and other visitors during the pandemic must be vigilant, not only to keep their premises safe to those who enter, but also to avoid lawsuits by individuals who claim they contracted COVID-19 on business premises ...
With school getting back in session, leave issues are bound to arise. For many small to medium-sized employers, these may include paid and unpaid leave under the Families First Coronavirus Response Act (FFCRA), as well as other complicated issues that may arise under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). This webinar will provide an overview of the FFCRA and ways employers can try to navigate the FFCRA during this uncertain time ...
The COVID-19 pandemic has presented unique issues in the workforce and to employers. Fortunately, the Bureau of Workers’ Compensation (BWC) has implemented policies and programs over the last several months intended to reduce employer hardships. Below are a few policies to note and verify have been applied to your business ...
On Sept. 11, 2020, the U.S. Department of Labor (DOL) announced revisions to the regulations implementing the Families First Coronavirus Response Act (FFCRA), following the New York federal court’s decision that invalidated some of the prior regulations as either inconsistent with the text of the FFCRA or insufficiently explained by the DOL in its original regulations ...
By: Joshua M. Robbins, Michael C. Flynn, and Robert S. Gillison The past decade has taught lenders much about regulatory enforcement risk. In the fallout of the 2008 financial crisis and collapse of the housing and related markets, the Department of Justice and other agencies aggressively stepped up investigations of lenders seen as complicit in the misconduct of borrowers and others ...
COVID-19 has sent many employers into a workforce management tailspin. Laws, regulations, and recommendations change daily, and as the pandemic continues to affect the workplace, the risk of legal complacency increases. The list below identifies the top 10 mistakes for employers to avoid during the COVID-19 pandemic. Mistake 1: Failing To Prepare and Update a COVID-19 Response Plan ...
Key Points Assembly Bill 1867 requires private employers with 500 or more employees nationwide, as well as employers of health care providers and emergency responders, to provide COVID-19 supplemental paid sick leave to their California employees. Full time employees are entitled to 80 hours of COVID-19 supplemental paid sick leave ...
Last month, we discussed a decision out of the Southern District of New York ("SDNY") that invalidated parts of the DOL’s temporary rule that interpreted provisions of the FFCRA, the federal law that created both paid sick leave for certain COVID-related absences and a new category of paid FMLA leave for workers with COVID-related child care issues. Our prior summaries of the law can be found here ...
Teleworking is a work tool that opens a world of possibilities for the reinsertion of sectors of the population that have not had free access to work opportunities. It is a feasible option to provide job opportunities to people for whom moving outside their homes is a limitation; limitations that could occur not only to people with family responsibilities – child and elderly care – or students, but also to people with disabilities ...
Although in Guatemala there is no legal frame for “Telework”, it could be said that it is a way in which services are provided in a location other than the employer's office or headquarters. What makes this modality so attractive? What is the key to make it work? The key is in TECHNOLOGY, in the innovative and efficient use of tools that allow us to be connected without being anchored to a specific place ...
The world is gradually embracing remote working as an alternative way of work – hosting virtual meetings, supporting customers through online communications, and accessing data remotely from outside the office. In the past, working from home (WFH) had not been popular in Hong Kong even though evolving technologies and improved Internet speed made it possible for digital migration ...
On 12 September 2020, the UAE Ministry of Health and Prevention (MoHAP) reported 1007 new COVID-19 cases in the UAE. With the number of cases rising both within the UAE and in most other countries, the UAE government has reiterated the importance of adhering to preventive guidelines and has further placed safeguards, particularly in Abu Dhabi, to ensure that those traveling to the UAE are confined to prevent the transmission of the virus ...
Presidential Decree no. 229/20 of 8 September 2020 has been published and its aim is to reassess the measures imposed by Presidential Decree no. 142/20, considering the evolution of the epidemiological situation. The new decree renews most of the measures already in force, although it also eases some restrictions ...
On September 4th, 2020, law No.21,263 (hereinafter, the “Law”) was published in the Official Gazette, which temporarily amends the requirements and increases the benefits’ amounts of the unemployment insurance established in law No.19,728 (hereinafter, “Unemployment Insurance Act”) on the occasion of the pandemic caused by COVID-19, and improves the benefits regulated in law No.21,227 (hereinafter, “Employment Protection Act” or “LPE”[1]) ...
Sadly, bullying and harassment in the workplace is nothing new. Indeed, a 2020 study found that 15% of people surveyed had been a victim of workplace bullying. Conversely, cyberbullying in the workplace is a relatively new phenomenon but it’s on the rise. What exactly is cyberbullying? Simply put, cyberbullying is any bullying, harassment or victimisation that involves a computer, phone or tablet ...
