As noted in Part I and Part II of this series, benefits compliance concerns typically take a backseat to the many good reasons for healthcare organizations to provide or receive the services of leased employees. However, with sufficient awareness, these compliance issues, which often have surprisingly outsized risks, can generally be managed without disrupting the aims of the employee leasing arrangement ...
As seen in Bank Director From lobby closures to Paycheck Protection Program loans, the COVID-19 pandemic has thrown a lot at banks and other financial services providers during this pandemic. One more item to add to the list is the Families First Coronavirus Response Act (FFCRA) ...
The promulgation of Federal-Decree Law 6 of 2020 has introduced two amendments to the Labour Law of the United Arab Emirates, Federal Law 8 of 1980, as amended. The amendments introduce equal treatment for male and female employees in respect of compensation and parental leave. The new measure was promulgated on 25 August 2020 and took effect on 25 September 2020. The first amendment affects Article 32 of the Labour Law ...
In this article, Grace Chai Huey Yann explores common issues relating to remote working arrangements implemented by employers in response to the Covid-19 pandemic. Introduction The Covid-19 pandemic has caused unprecedented impact on businesses worldwide, especially when international borders are closed and various degrees of lockdown are introduced in response to the pandemic. Since the first quarter of this eventful year, virtual working has become the option for many employers ...
On September 17, 2020, Governor Gavin Newsome signed AB 685 into law. Effective January 1, 2021, AB 685 makes several changes to the California Labor Code regarding occupational exposure to COVID-19. This includes authorizing Cal-OSHA to essentially shut down a workplace if it determines that the risk of COVID-19 exposure constitutes an imminent hazard to employees ...
The next state in our series exploring non-compete agreements is the Magnolia State, Mississippi. Unlike Texas and Louisiana, Mississippi’s noncompete laws are purely creatures of the common law. Mississippi has no statutory scheme in place governing covenants not to compete. For this chapter we are joined by my partners Justin Scott and Slates Veazey ...
Part 2 of this series is about data protection. In case of questions, please contact Zoltán Balázs Kovács. How do you secure data in the home office environment? What policies should be in place to secure data and devices? What does a data breach mean? Employers must comply with the principle of accountability and demonstrate compliance (including by way of applying proper internal policies). This is important also from the perspective of data security ...
An app that has captivated Generation Z with the ability to create and share videos has been dragged into the US-China power struggle, becoming its latest flashpoint. The current social media darling, TikTok, boasts 800 million active users. Reports value it at up to US$50 billion (S$68.4 billion). Considering that its Beijing-based app maker launched it worldwide only two years ago, that represents huge growth ...
THE POSITION BEFORE THE SEC STATEMENT The Security and Exchange Commission of Nigeria (the “SEC” or the “Commission”) on 14 September 2020, released their Statement on Digital Assets and their Classification and Treatment (the “Statement”) pursuant to the powers conferred on it by the Investment and Securities Act 2007[1](“ISA”) ...
In a judgment delivered on the 30th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment. The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract ...
On September 17, 2020, the British Columbia government released its economic recovery plan for the province, Stronger BC for Everyone: BC’s Economic Recovery Plan. The plan details various new support measures for B.C. businesses, including a new refundable tax credit for employers. The B.C ...
BAG, ruling dated May 13, 2020, 4 AZR 528/19 The employee's remuneration, referred to in an employment contract as "collectively agreed salary" is to be understood as a "dynamic reference clause". If a reference "to the collective agreements applicable for the Company" has been agreed upon in the employment contract, this reference is limited to the binding collective agreements applicable for the employer at the time the contract is concluded ...
Since the beginning of the COVID-19 pandemic, the media has repeatedly reported about terminations by the employer, which are based on the fact that employees did not adhere to corona measures during their leisure time, for example because they took part in large anti-corona demonstrations and disregarded the distance rule or were associated with anti-constitutional ideas ...
As part of some new measures that aim to reduce the spread of COVID-19, the government has imposed a new record-keeping obligation on certain employers and users which temporarily rely on foreign employees or self-employed individuals. In-scope employers and users must also verify whether the foreign employees and self-employed individuals have duly completed the passenger locator form. These new obligations apply from 24 August 2020 until 31 October 2020, but will likely be extended ...
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 ...
DataSecurityLaw.com is the firm’s resource for the latest news, analysis, and thought leadership in the critical area of privacy and cybersecurity law. Patterson Belknap’s Privacy and Data Security practice provides public and private enterprises, their leadership teams and boards with comprehensive services in this critical area ...
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 ...
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 ...
Key Points Governor Newsom signed a new law establishing Brown Act rules for social media communications. Members of a legislative body may communicate on social media without fear of creating a serial meeting in violation of the Brown Act. Members of a legislative body may not respond directly on social media to other members of the same legislative body. On Sept.18, 2020, Governor Newson signed Assembly Bill (AB) 992 into law ...
On September 6th, 2020, “Rules for the Consideration and Resolution of Administrative Disputes by the Federal Service for Intellectual Property”, approved by the order of the Russian Ministry of Education and Science and the Ministry of Economic Development (“Rules”) came into force. The Rules were developed jointly with the Federal Service for Intellectual Property (Rospatent) ...
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 ...
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 ...
