By: Leah Lively and Alexandra Shulman On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and Computer Employees,” increasing the salary threshold for an employee to qualify for exempt status under the Fair Labor Standards Act (FLSA). The final rule takes effect on July 1, 2024 ...
On April 19, 2024, the Supreme Court of Canada rendered its decision in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, marking the end of an almost 15 year-long debate on the freedom of association of managers and their exclusion under the Labour Code ...
As noted in our May 3, 2023 and August 14, 2023 client alerts, Congress enacted the Pregnant Workers Fairness Act (PWFA) in late 2022, expanding protections for pregnant workers. Pursuant to the Act, the Equal Employment Opportunity Commission (EEOC) was directed to make rules to implement the statute. On April 15, 2024, the EEOC issued its final rule and interpretive guidance, which will go into effect on June 18, 2024 ...
On 12 April, the Cabinet Office published the second tranche of its official guidance documents on the Procurement Act. The guidance documents cover: The National Procurement Policy statement (‘NPPS’); Technical Specifications; Pipeline Notices; Planned Procurement Notices; and Preliminary Market Engagement. Each guidance document clearly sets out the key points and the policy intent in respect of these discrete parts of the Procurement Act ...
April 23, 2024 By: Alicia Guerra, John Epperson, and Braeden Mansouri On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz v ...
On April 23, 2024, the Federal Trade Commission (FTC) held a public hearing where members voted 3-2 to adopt a final rule effectively banning employers from enforcing non-compete clauses against employees with very limited exceptions. This rule, which is largely similar to the proposed rule first announced by the Commission in January of 2023, imposes a “comprehensive ban on new non-competes with all workers ...
The Written Observations submitted by the plaintiffs to the EFTA Court The plaintiffs argue that the rights provided by the EEA Agreement are applicable in the present case because there is a «cross-border element» – a factor that links the case to EEA law ...
On 18 April 2024, a new Act to better protect employees undergoing infertility treatment was published in the Belgian State Gazette. The new Act aims to protect these employees against (i) dismissal, and (ii) discrimination. It therefore updates two well-known Belgian employment law Acts: the Labour Act of 16 March 1971 and the Gender Act of 10 May 2007.The new Act enters into force on 28 April 2024. I. Modification of the Labour Act of 16 March 1971: a new protection against dismissal A ...
April 18, 2024 By: Leah Lively and Alexandra Shulman The Supreme Court of the United States issued an opinion on Wednesday, April 17, 2024, that will make it easier for employees to pursue discrimination claims against their employers based on job transfers or other non-pecuniary personnel decisions. In Muldrow v. City of St. Louis, Muldrow, a female police officer, alleged that she was transferred to a less desirable unit because a new supervisor preferred a male officer for the role ...
The United States Equal Employment Opportunity Commission (“EEOC”) has issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA”). The final rule, which aims to provide clarity regarding the protections afforded to employees and duties imposed upon employers under the PWFA, is set to be published in the Federal Registrar on April 19, 2024. It will thereafter become effective on June 18, 2024, 60 days after its publication ...
18 – 24 March 2024 marked Neurodiversity Celebration Week, a week held annually which aims to challenge misconceptions regarding neurological differences. We look at what employers can do to improve neurodiversity support in the workplace going forward. Neurodiversity is an umbrella term which is used to describe alternative ways of thinking and learning and it includes conditions such as autism, dyslexia and attention deficit hyperactivity disorder (ADHD) ...
The Sexism in the City inquiry was set up to establish what progress has been made in tackling sexism in the financial services sector. We discuss the findings and offer advice for those in the sector trying to navigate the current regulatory landscape. The financial services industry is crucial to the UK economy. It employs more than 2 ...
It’s hard to keep up with the twists and turns of AI regulation at the best of times, but the suggestion this week that the UK Government may be looking again at its opposition to statutory AI regulation poses as many questions as it answers. It’s hard to keep up with the twists and turns of AI regulation at the best of times, but the suggestion this week that the UK Government may be looking again at its opposition to statutory AI regulation poses as many questions as it answers ...
In recent years, a growing number of construc- tion companies have established employee stock ownership plans (ESOPs).1 The interest in an ESOP is often generated by the need for an exit strat- egy for one or more of the owners of a closely held business, a common scenario in the construction industry ...
We would like to remind you about ****important changes in migration legislation**** that affect the ****legal status of foreign nationals**** in the Russian Federation, including highly qualified specialists (“HQS”) ...
Simonsen Vogt Wiig (SVW) are reaching out to international contractors or suppliers seeking to capitalize on the significant opportunities presented by Norway’s ambitious defense investment plan, which includes the pledge to spend 600 billion kroner over the next 12 years on defense modernization and capabilities ...
On March 28, 2024, the Department of Finance Canada announced a one-year extension to the 15% Mineral Exploration Tax Credit (?METC?) available to investors in flow-through shares. The extension means that the METC will be effective until March 31, 2025. This announcement came at a time when uncertainty loomed over the industry and some stakeholders feared that the government would not renew the METC. Over time, this tax credit has become a key component of flow-through share financings ...
Watch the webinar video and study our key takeaway points from our latest webinar focused on avoiding illegal working and managing risk. Our 2024 webinar programme is focused on supporting HR teams to protect the employee brand proposition of the organisations they work for. Presented by our leading team of employment lawyers these sessions will equip you on how best to handle key risks that could undermine the organisation’s employee brand ...
The Government is consulting on legislative changes to introduce greater flexibility to access surplus funds in defined benefit pension schemes. The Department for Work and Pensions (DWP) opened consultation further to publishing a paper entitled “Options for defined benefit schemes” on 23 February 2024 ...
Pension-Linked Emergency Savings Accounts (“PLESAs”) are a special retirement plan feature created under SECURE ACT 2.0. PLESAs were first permitted to be made available to participants as of January 1, 2024. PLESAs, which provide a flexible savings opportunity for non-highly compensated employees, can be added to certain defined contribution plans. New guidance regarding this option has been released, which may be of interest to employers and plan sponsors ...
In a move aimed at protecting Americans’ data security, President Joe Biden signed Executive Order 14117 on “Preventing Access to Americans’ Bulk Sensitive Data and United States Government-Related Data by Countries of Concern” (the “Order”) ...
Our third article in the series focusing on discrimination in the workplace, covers the protected characteristic of sex (gender). We discuss the current legal position, planned changes and suggested best practice for employers. What is sex discrimination? Sex discrimination occurs when someone is treated unfairly due to their gender. In the UK, it has been illegal for some time (subject to certain exceptions) with the law now incorporated into the Equality Act 2010 ...
Serco Leisure have been issued with an enforcement notice by the UK Information Commissioner’s Office (ICO) for unlawfully processing their employees’ biometric data through facial recognition technology and fingerprint scanning. What can we learn from this? With a rise in remote working as the fallout from the COVID-19 pandemic continues, there has been a proliferation of workplace monitoring ...
On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to abide by certain notice and distribution requirements by July 1, 2024. The notice and distribution requirements will inform employees and independent contractors of their rights under federal, state, and local law ...
