Working time’ for National Minimum Wage (NMW) purposes can cause a real headache for employers and the case law in this area continues to develop as (travel) time moves on. The National Minimum Wage Regulations 2015 (SI 2015/621) (NMW Regulations 2015) define various types of ‘work’ which includes ‘time work’ ...
Data subject access requests can be a compliance headache for businesses. The first of our series on DSARs looked at how data protection “by design” can make the job easier. But what about deciding whether or not to resist a DSAR when it actually lands? Dealing with data subject rights requests, or DSARs, is one of the biggest compliance headaches for many businesses ...
The Employment Rights Bill 2024 promises to bring substantial change to employment law across Great Britain, designed to enhance worker protections and promote fair employment practices. We consider the key changes and their implications for employers. Key changes Day-one rights for unfair dismissal One of the most significant changes is the introduction of day-one rights for unfair dismissal ...
In our eighth article in the series focusing on the risk of discrimination in the workplace, we consider the protected characteristic of disability, the common issues that arise and what employers can do to avoid discrimination claims. What is disability discrimination? Disability discrimination occurs where a job applicant or employee is treated less favourably because of their disability ...
Non-compete agreements can be an effective method for protecting confidential and proprietary business information. However, over the past several years, it seems that non-compete agreements have been falling out of favor ...
October 9, 2024 By: Kathryn Fox and Michelle Lopez On September 30, 2024, Governor Gavin Newsom signed SB 988 into law. The new state law, known as the Freelance Worker Protection Act (“FWPA”), goes into effect on January 1, 2025. The FWPA provides various protections to freelance workers and imposes minimum requirements on any contracts entered into or renewed on or after January 1, 2025 between freelance workers and hiring parties ...
This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors. Artificial Intelligence (AI) has revolutionized various industries, garnering considerable hype and widespread discussion. As AI technologies continue to evolve, their integration into various industries has profound implications, particularly for the labour market ...
October 7, 2024 By: Alexandra Shulman and Leah Lively AI in hiring: About 80% of U.S. and almost all Fortune 500 companies use AI-powered hiring software. AI may be used to target online advertising for job opportunities and to match candidates to jobs on employment platforms (e.g., LinkedIn, Indeed). AI may also be used to reject or rank applicants using automated resume screening and chatbots based on knockout questions, keyword requirements, or specific qualifications or characteristics ...
In September 2024, the U.S. Department of Labor (the “DOL”) released Compliance Assistance Release No. 2024-01 and its updated cybersecurity guidance for employers that sponsor employee benefit plans governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) ...
PROOF OF INCAPACITY: ANALYSIS OF CIUSSS DE L?OUEST-DE-L?LE-DE-MONTREAL (ST. MARY?S HOSPITAL CENTER) v. RC 1 Summary The authors comment on this decision rendered on September 20, 2024, in which the Court of Appeal ruled on the capacity to consent to care in the presence of a psychiatric disorder ...
Given the increasing use of GenAI to assist businesses with answering legal queries, we wanted to see if ChatGPT can explain the rules around obtaining retrospective consent for electronic direct marketing in the UK. Electronic direct marketing (i.e. email and SMS) to individual consumers is a vital element of many businesses, particularly in the retail sector ...
This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors. Overview & Applicability Timeline The Artificial Intelligence Act (“AI Act” or “Regulation”), officially Regulation (EU) 2024/1689, is a groundbreaking legislative framework designed to address the benefits and risks of AI technologies ...
This newsletter gives a short overview of the latest legal and administrative developments when temporarily posting workers to Belgium. The topics covered are relevant for both foreign posting employers and Belgian service users. 1. The Limosa notification and the place of work: administrative clarifications When filing a Limosa notification for your posted workers, you must, amongst others, identify the place of work. However, this is not always easy to do ...
The UK GDPR and similar data protection laws around the world ask for data protection by design - but what does this mean in practice when it comes to DSARs? Using products such as Shoosmiths' SmartSAR may be the solution your organisation is looking for. Data protection ‘by design and default’ is a core concept under the UK GDPR and similar laws around the world ...
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 manage conflicting protected beliefs ...
On September 15, 2023, the DOLE issued Labor Advisory No. 20, Series of 2023, providing new guidelines on the implementation of a Cancer Control and Prevention Policy and Program in the Workplace. Under the Labor Advisory, employers and their employees are required to adopt such program, which shall include the following areas: 1. promotion of a safe and healthy lifestyle, including the mental and social well-being of employees; 2 ...
On 9 September 2024, Mario Draghi, former Italian Prime Minister and European Central Bank President, presented his highly anticipated report on «The Future of European Competitiveness» to European Commission President Ursula von der Leyen [1][2]. This comprehensive report analyzes the challenges faced by European industries and companies in the Single Market and proposes strategies to enhance the EU’s competitiveness [2] ...
The EU's comprehensive data and AI regulatory package is about to become operational. This year, the Krogerus Data Symposium will highlight some of the most impactful changes of the Data Act and the AI Act, which will profoundly influence the application of AI, how companies and communities can utilise IoT data, and how data usage agreements are formed ...
Jersey publishes new guidance on the tokenisation of real world assets (“RWAs”) What is tokenisation? Tokenisation is the process of issuing a digital representation of an asset, typically on a blockchain, and its benefits include allowing investors to own and sell fractions of an asset which may otherwise be illiquid and/or financially unattainable for such investors to own outright ...
Modern data protection rules are being introduced to tax-efficient jurisdictions like Bermuda and the Cayman Islands. It's increasingly vital to understand how to handle data in some less familiar territories for data protection. Advisers are familiar with the data protection laws which apply in the jurisdictions where many commercial businesses operate like the UK Data Protection Act, the UK/EU GDPR and the California Privacy Protection Act ...
Chambers and Partners recently published its Corporate Immigration Global Practice Guide 2024. SyCipLaw senior partner and Employment and Immigration department head Leslie C. Dy and partner Rodelle B. Bolante authored this year’s Philippine chapter ...
The Ministry for Home Affairs, Security and Employment (MHSE) published the proposed Maltese draft order for the transposition of the EU Network and Information Systems Directive II (‘NIS 2’) on 6 September 2024 ...
The UK Cabinet Office has just announced, in a brief statement that the date for the Procurement Act 2023 to enter into force has been postponed. At less than 2 months from the planned “go live” date which was slated for 28 October 2024, in a surprise announcement, the new Government has decided to push this back. The reasoning for the decision stems directly from the change in administration following this year’s General Election ...
A federal court has issued a nationwide injunction blocking enforcement of the Federal Trade Commission’s (“FTC”) new rule that would ban nearly all non-competition (“non-compete”) deals. The rule, issued on April 23, 2024 (the “Non-Compete Rule”), would broadly ban employer/employee non-compete agreements nationwide and was set to go into effect on September 4, 2024 (“Effective Date”) ...
