The Department for Health and Human Services Office for Civil Rights (“OCR”) recently issued a final rule under Section 1557 of the Affordable Care Act, which prohibits federally funded health programs from discriminating on the basis of race, color, national origin, sex, age or disability. Consistent with the Supreme Court’s 2020 decision in Bostock v ...
As the first round of H-1B Cap selections ended on April 1, 2024, employers began looking for options to sponsor highly qualified employees to fill positions of need. We outlined some options for those not selected in a previous client alert, including L-1 visas for intracompany transfers, O-1 visas for extraordinary ability individuals, J-1 and F-1 visas for students and other country-specific options ...
By: Sarah Andrzejczak On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a crucial resource for employers striving to uphold fairness and equality for all employees, irrespective of gender identity. The new guidance builds on the U.S. Supreme Court’s 2020 decision in Bostock v ...
Mamo TCV Advocates in collaboration with the Foundation for Human Resources Development (FHRD) will once again be organising the course entitled ‘Award in the Practical Applications of Maltese Employment Law’. This course shall consist of a number of lectures on various topics related to Maltese employment law including employment contracts, termination of employment, occupational health and safety matters, employee data processing and immigration issues ...
Between September 2021 and May 2022, the words 'stress', 'mental health' and 'depression' appeared in more than 12,000 early conciliation or employment tribunal cases , demonstrating the prevalence of this subject matter in employment-related disputes. Today, more than ever, employers are expected to afford greater consideration to workplace conditions that do or could impact upon employees’ mental health ...
SyCipLaw's Tax Department has prepared an international edition of its Tax Issues and Practical Solutions (T.I.P.S.) for the first quarter of 2024. The SyCipLaw T.I.P.S - International Edition covers the following tax issues: 1. Are informal settlement agreements between the Commissioner of Internal Revenue and the taxpayer valid and binding? 2. While a tax case is pending in court, may the CIR and the taxpayer enter into a compromise agreement and request for judicial approval thereof? 3 ...
The U.S. Equal Employment Opportunity Commission (“EEOC”) has submitted its final version of enforcement guidance on workplace harassment. We previously reported on the new guidance when it was proposed in early October of 2023. This is the first time the EEOC has updated its workplace harassment guidance since 1999. Some of the new topics addressed include remote work, the #MeToo movement and the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia ...
On Monday, April 1st, 2024, the Chilean Government introduced in the Chamber of Deputies a bill which aims, on one hand, to establish regulations to facilitate and promote the transfer of technology and knowledge and, on the other, to enable and stimulate the creation and development of science and technology-based companies (“EBCT”) from higher education institutions ...
The Presidential Administration has not approved amendments to the second reading of the draft law on turnover fines for personal data (“PD”) leaks Despite the positive review of the draft law from the Government Commission, the State Legal Department of the President has prepared a ****negative review**** of the draft law on ****turnover fines**** for businesses for ****PD leaks**** ...
Earlier this month, the UK Joint Taskforce (UKJT) formally launched the Legal Statement on Digital Assets and English Insolvency Law. The statement aims to provide clarity to critical legal questions regarding how digital assets are treated in any insolvency. Shoosmiths contributed towards the consultation for this legal statement through the Crypto Fraud and Asset Recovery network ...
On April 23, 2024, the U.S. Department of Labor (“DOL”) published its final rule increasing salary threshold amounts required for certain employees to be exempt from federal Fair Labor Standards Act (“FLSA”) overtime requirements. The new rule is scheduled to take effect on July 1, 2024. Based on DOL estimates, the rule will expand overtime protection to cover more than 4 million additional workers within the first year ...
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 ...
Do social media users have a fair choice between giving up their privacy and paying a subscription fee? The European Data Protection Board has given its opinion on what’s fair for large platforms in the latest shake up of personalised online advertising. When it comes to justifying processing personal data for targeted advertising under EU data protection laws, Meta (along with other online platforms) has been feeling the squeeze ...
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 ...
The reception, hosted by Lord Borwick, focussed on how to operationalise the Automated Vehicles Bill (AV Bill), and realise its full potential, now that it is expected to receive Royal Assent and become law later this year. Despite the swift movement through Parliament of this landmark legislation - aimed at establishing a legal framework for the safe deployment of autonomous vehicles - the UK remains at the beginning of its regulatory journey ...
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 EU published a report on 18 April 2024, ‘Much More than a Market’.1 The reasons behind the call for the report are the EU’s concerns that just over 30 years after its creation there are important aspects of the Single Market that are not complete, and that the world is very different to what it was 30 years ago ...
In On Tower UK Limited v British Telecommunications Plc [2024] UKUT 51 LC, the Upper Tribunal (Lands Chamber) was asked to address key aspects of the Electronic Communications Code ...
Government Commission approves positive review of draft law on turnover fines for leaks of personal data (“PD”) We previously informed you about the draft law that would impose ****turnover fines for PD leaks****, as well as fines for the failure to ****notify the Russian Federal Service for Supervision of Communications, Information Technology and Mass Media (“Roskomnadzor”) about the intention to process PD**** and the illegal transfer (****leak****) of PD ...
On March 27, 2024 the Securities and Exchange Commission (“SEC”) adopted amendments to Rule 203A-2(e) under the Investment Advisers Act of 1940 (the “Advisers Act”). Rule 203A-2(e) provides an exemption from the prohibition on registration with the SEC that may otherwise affect certain internet based advisers seeking to register with the SEC. Rule 203A-2(e) is referred to as the Internet Adviser Exemption ...
Although artificial intelligence (“AI”) improves how businesses interact with customers, process sales, manage inventory and more, it also heralds new and unique cybersecurity risks. These risks can lead to unprecedented legal liabilities. Companies must understand how AI works, consider how AI is deployed throughout their business structure and take proactive steps to minimize security risks ...
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) ...
