The National Employment Service changed its years-long practice regarding the extension of work permits for persons on secondment. In particular, pursuant to Article 19 of the Law on the Employment of foreigners, work permits based on secondment are obtained for a period of the duration of an agreement between the local employer - who is the service user, and a foreign employer, but no longer than for one year ...
The term “dawn raid” refers to an unanticipated visit to commercial premises by a regulatory authority. Examples of this could include a squad of policemen entering a warehouse, a team from a financial-services regulator checking trading records at a bank, or an official from the UAE Ministry of Human Resources and Emiratisation entering your office to check the work permits of all employees present there (an increasingly common practice) ...
IRS Announcement 2017-15 provides relief to employees who have been adversely affected by the recent wildfires in Northern California by allowing them to take loans or distributions from retirement plans to alleviate hardships caused by the wildfires. The Announcement also provides relief from verification procedures required under retirement plans with respect to loans and hardship distributions ...
OSHA "Injury Tracking Website" Presents Issues as Employer Deadline for Compliance Looms On August 1, 2017, the U.S. Occupational Safety and Health Administration ("OSHA") launched the "Injury Tracking Application" for Electronic Submission of Injury and Illness Records to OSHA in an effort to comply with its electronic record-keeping rule ...
Most of holidays and national mourning that are covered by Article 46 of the Labor Code of the Republic of Panama are in November, December and January. In fact, they are considered as such, November 3, 5, 10 and 28; December 8 and 25; and on January 1 and 9 ...
The forthcoming General Data Protection Regulation also results in adaptations with regard to the protection of social data. On May 25, 2018, an amended Code of Social Law will therefore come into effect simultaneously with the General Data Protection Regulation. Above all, the Code of Social Law (SGB) X is affected. Many of the adaptations are editorial changes that have become necessary, but the content has also been amended ...
The resurgence of the #MeToo campaign highlights that sexual harassment comes in all variations, affects all classes of people, and cuts across all industries. While employers could dismiss the social media moniker as a “them” not an “us” problem, they do so at their peril. People, some of whom may be your employees, are talking, posting, and tweeting, and employers would be wise to listen and revisit their anti-harassment policies ...
How retailers can harness technology to beat e-commerce at its own game. “It's official: Singapore malls are dead, as occupancy reaches its lowest level in 10 years,” screams one headline. “At some suburban malls, retailers confront the sound of silence,” another chimes in. As e-commerce takes hold, shoppers are eschewing brick and mortar in favour of the convenience of point and click ...
On November 8, 2017, the U.S. Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board ("NLRB" or "Board"). In private practice, Robb was a noted critic of the NLRB under the Obama administration, particularly the Board's so-called quickie election rules and what he has termed the Board's narrow definition of supervisory status ...
In M.F. v. Pacific Pearl Hotel Management LLC, Case No. D070150 (October 26, 2017), the California Court of Appeal revived a case in which an employee, who had been raped by a trespasser on the employer's premises, sued her employer under the California Fair Employment and Housing Act (FEHA) for sexual harassment by a non-employee and for failure to prevent such harassment. The court concluded that the allegations overcame the workers' compensation exclusivity doctrine ...
The current Administration continues to be active in the area of immigration law and policy, and has promulgated several Executive Orders (“EO”), mostly directed to immigration enforcement and national and public security. The exception is the April 2017 Buy American, Hire American Executive Order, which extends to and impacts professional work visas ...
A common question our Education Law Group receives is, “Can an employee rescind his or her written resignation that has been submitted to the superintendent and is waiting on approval from the board of education?” Unfortunately the question often arises frequently in situations where the employee is not the “best employee” and administration feels thankful upon receipt of the resignation ...
Employers should recognize three common mistakes in determining a valid workers’ compensation claim and in preparing to defend an invalid claim: 1. Failure to Investigate Thoroughly An initial thorough investigation of a workers’ compensation claim can be the key to determining a valid claim or a successful defense to an invalid claim at hearing. Early investigation allows for comprehensive documents-gathering and discovery ...
Key employment bills were signed into law by Governor Jerry Brown at the close of the 2016-2017 legislative session. The bills take effect January 1, 2018, unless noted otherwise. Here’s what you need to know: Ban the Box (AB 1008): AB 1008 follows the “ban the box” regulations promulgated in July 2017 and creates new state-wide restrictions on the use of criminal history in hiring decisions under the California’s Fair Employment and Housing Act (FEHA) ...
Having practised both as a shipping lawyer and an aviation lawyer for many years, I do find the experience and practice with the Cape Town Convention and aviation finance transactions to be interesting when experiencing the challenges faced by the shipping industry with respect to recognition and enforcement of mortgages ...
On October 19, 2017, the IRS announced in Notice 2017-64 cost of living adjustments to the qualified plan dollar limits for 2018. Some of these limits did not change from 2017 because the increase in the cost of living index did not meet the statutory thresholds that trigger an adjustment. Below is a summary of the limits that are generally relevant for most retirement plans ...
At the end of the 2017 Legislative Session, California Governor Jerry Brown signed two new laws that will impact employers' hiring processes as of January 1, 2018.[1] To start, AB 1008 repeals the "ban the box" requirement in the California Labor Code, which currently applies only to public employers, and replaces it with an amendment to the California Fair Employment and Housing Act, which will apply to both public and private employers ...
The technology that forms the foundation for digital currencies like Bitcoin could be the technology that provides unprecedented security for and access to medical records. The Blockchain For years, online communities sought increased freedom and autonomy by shielding their economic activities from the government and corporate intermediaries ...
In the court Decision earlier this year for Barbulescu vs Romania, the Grand Chamber of the European Court of Human Rights (the “ECHR”) examined for the first time the issue of the monitoring of electronic communications of an employee by a private employer, within the framework of an action brought by Mr Barbulescu, an engineer employed by a private company in Romania ...
The autonomous vehicle industry is pressing forward, full speed ahead. The conveniences and efficiencies created by shifting to self-driving vehicles are expected to drive vast economic growth and generate widespread consumer demand. Given the potential benefits, it is no wonder that autonomous technologies are now being embraced by a variety of market players— ranging from small start-up tech companies to perennial automotive giants ...
In Mpanza and another v Minister of Justice and Constitutional Development and Correctional Services and others, the South African Labour Court dealt with a dispute about whether an employer was entitled to make deductions from the remuneration of two employees in circumstances where they were absent from work ...
On 25 May 2018, a new set of privacy rules formed by the European Union (“EU”) will take effect. The General Data Protection Regulation (“GDPR”) seeks to replace the Data Protection Directive 95/46/EC. Organisations – including many African ones – will need to make changes to their oversight, technology, processes, and human resources to comply with the GDPR ...
Yesterday, U.S. Attorney General Jefferson Sessions issued new guidance reversing the federal government’s former position that gender identity is protected under Title VII. In a memo sent to the heads of all federal agencies and the U.S. attorneys, the attorney general stated that as a matter of law, “Title VII does not prohibit discrimination based on gender identity per se ...
Rights of Persons with Disabilities Act - A well meaning legislation albeit with complex terms, anomalies and aggressive penal provisions The Rights of Persons with Disabilities Act (“the Act”) is undoubtedly a welcome and much awaited enactment. The genesis of the Act lies in the UN Convention for persons with disabilities and the Act seeks to fulfill India’s obligations under this International treaty ...
