The enforceability of restrictive covenants is critical to protecting organisations’ legitimate business interests. A recent summary judgment application sheds light on the approach to be taken where covenants are contained in a shareholders’ agreement ...
A recent decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses ...
In January, Florida’s Second District Court of Appeal affirmed a $638,794.10 award for damages in favor of a utility contract, and reversed an award of $177,750 in liquidated damages in favor of the county that hired it. The damages awarded arose from an improper stoppage of work and delay in construction by the county. Sarasota County Florida v. Southern Underground Industries, Inc ...
On Feb. 24, 2022, the Centers for Medicare and Medicaid Services (CMS) announced the redesign of its Global and Professional Direct Contracting (GPDC) accountable care organization (ACO) into one that focuses on health equity. The redesigned model, Realizing Equity, Access, and Community Health (REACH), was modified to reflect the Biden administration’s policy priorities as well as stakeholder feedback and participant experience ...
On February 28, 2022, the California Department of Public Health (CDPH) issued new guidance on the state's masking requirements to combat the COVID-19 pandemic. The key changes in the guidance show a post-Omicron variant and surge shift from mandatory masking, to a strong recommendation to mask in certain settings ...
[!<CDATA[ The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc.[1] addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal antitrust laws. The appeal centered on the significance of a “Change in Control” provision in a provider contract between St. Luke’s and ProMedica’s affiliated health plan, Paramount ...
Holiday pay cases continue to make their way through the court system. One of the most significant of these, brought by Mr Smith against Pimlico Plumbers, has hit the press again, leaving employers with yet more uncertainty. Background Workers are entitled to 5.6 weeks' paid holiday per year under the Working Time Regulations 1998 (the “WTR”), made up of 4 weeks’ leave derived from the Working Time Directive (Euro-Leave) and an additional 1 ...
Joint employers and independent contractors need to be aware of recent announcements of both the United States Department of Labor (DOL) and the National Labor Relations Board (NLRB). These bodies have announced significant changes to current regulations with respect to their standards for joint employers and independent contractors ...
The new UAE Labour Law (Federal Decree-Law No. 33 of 2021) came into effect on 2 February 2022. The new Labour Law replaced the previous 1980 statute (Federal Law No. 8 of 1980, as amended). The new Labour Law is generally applicable to employment relationships in the private sector in the UAE (excluding the DIFC and ADGM free zones) ...
Dinsmore taxation associate Sierra Williams wrote an article for the American Bar Association's Journal of Affordable Housing titled "Power Couples: Twinning Opportunity Zones with Other Economic Tax Incentives." An excerpt is below. Since this country’s inception, federal economic development programs have been fundamental and innovative tools to incentivize both public and private sector investment in distressed areas ...
On February 18th, 2022, the Asset Management Association of China (“AMAC”) issued the Announcement on Issues related to Application for Fund Practitioner Qualification by Overseas Fund Professionals (关于境外基金专业人才申请基金从业资格有关事项的公告, the “Announcement”), allowing eligible overseas professionals to register with AMAC as PRC fund practitioners ...
As we await a formal announcement about how the UK COVID-19 Inquiry will be structured, we compare the different approaches that have been adopted by other public inquiries. Introduction Public inquiries are an important and increasingly utilised vehicle for change in society, but they are sometimes criticised for delay, for inefficiency and for providing recommendations that are not ultimately implemented ...
In our first quarterly case law update of the year, we take a look at some of the key cases published since October 2021 and consider the lessons that can be learned from them. Disability Discrimination We have seen over recent months an increased awareness and discussion around menopause, particularly regarding the impact that menopause can have in the workplace ...
Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the federal contract. That minimum wage rate will increase annually based on changes to the Consumer Price Index. The federal government predicts that this requirement may impact over half a million firms. Federal contractors with procurement contracts (i.e ...
On February 10, 2022, a bipartisan group of U.S. legislators passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act to add a new provision that makes pre-dispute agreements requiring arbitration of “sexual harassment” and “sexual assault” claims unenforceable at the claimant’s option ...
Dinsmore employment partner Tammy Bennett wrote a column for Savoy Network on the actionable steps law firms can take to boost diversity efforts. An excerpt is below. Under the immediate impact of Covid-19 and the “race pandemic,” businesses expressed support in public statements; some made long-overdue changes to company logos and other aspects of branding. Such gestures matter ...
As reported earlier, the new Labour Law of the UAE provides that many of the detailed rules on its implementation will be governed by Implementing Regulations. The first set of Implementing Regulations has been promulgated as Cabinet Resolution No. 1 of 2022. This measure took effect on 2 February 2022, the same effective date as the new Labour Law ...
The turbulent nature of recent years, not least the impact of the global pandemic, stock market volatility, the rising cost of living and rising inflation, has left no sector of the economy untouched, and so it is for wealth management ...
February 18, 2022 By Li-An Leonard As noted in an earlier Buchalter Client Alert, Governor Newsom and legislative leaders reached an agreement to bring back COVID-19 Supplemental Paid Sick Leave in 2022. On November 9th, Governor Newsom signed Senate Bill (SB) 114 creating California Labor Code § 248.6 and completing the comeback of COVID-19 Supplemental Paid Leave in 2022 or as referred to in this update, 2022 SPSL ...
On Feb. 10, 2022, Congress approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the act). True to its title, the act allows new claims of sexual harassment and sexual assault be filed in court, rather than be subject to pre-dispute mandatory arbitration clauses ...
The Oregon legislature is currently considering, as part of its February 2022 session, three bills that form a comprehensive set of changes to the Oregon Forest Practices Act (Senate Bill 1501), create a small forestland owner tax credit (Senate Bill 1502), and update the forest harvest tax (House Bill 4055). The bills stem from negotiations between private forestry companies, small woodland owners, conservation groups, and fishing organizations ...
Effective Today, the California Department of Public Health (CDPH) will no longer require vaccinated individuals to wear masks in all indoor public settings under its updated Guidance for the Use of Face Masks (Updated Guidance). This effectively lifts the indoor mask mandate in most California counties, both where local officials have aligned with CDPH Guidance, and where officials never issued their own local mask mandate ...
