On March 13, 2018, the Internal Revenue Service (IRS) announced that it will immediately "ramp down" its Offshore Voluntary Disclosure Program (OVDP). The IRS is closing the OVDP on September 28, 2018. Taxpayers with unreported foreign accounts or assets should be aware of the implications of such a change and consider the benefits of disclosure through the OVDP while it remains available ...
This article provides a brief review of MSHA enforcement data and a look at MSHA’s regulatory agenda. MSHA Enforcement Data (data from January 1, 2017 to December 31, 2017) MSHA issued 104,412 enforcement actions to mine operators in 2017, an increase of approximately 11,793 or 11.3 percent from 2016. Of these, 58,083 (or 55.63 percent) were issued to metal/nonmetal operators while 46,329 (or 44.37 percent) were issued to coal operators ...
New rules will apply to disability benefit claims and appeals under certain plans that are subject to the Employee Retirement Income Security Act of 1974 (ERISA), effective for claims made after April 1, 2018. According to the Department of Labor (DOL), the new rules are intended to provide greater protection to claimants, and are modeled on the enhanced claims and appeals procedures that apply to health benefit claims under the Affordable Care Act (ACA) ...
Alvarado v. Dart Container Corporation, Case No. S232607 (Cal. Sup. Ct, March 5, 2018) On March 5, 2018, the California Supreme Court issued its long awaited overtime calculation decision in Alvarado v. Dart Container Corporation, Case No. S232607 (March 5, 2018). The specific question before the Court was "how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period ...
On January 8, 2018, the California Court of Appeal for Division 4 of the First Appellate District issued a decision in Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association (“Alameda”). The outcome in Alameda results in conflicting decisions in California appellate courts on the appropriate “vested rights” analysis where pension rights are being reduced or eliminated for existing employees ...
Alvarado v. Dart Container Corporation, Case No. S232607 (Cal. Sup. Ct, March 5, 2018) On March 5, 2018, the California Supreme Court issued its long awaited overtime calculation decision in Alvarado v. Dart Container Corporation, Case No. S232607 (March 5, 2018). The specific question before the Court was "how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period ...
If your company has not reviewed its compensation systems to ensure pay equity for female employees, now is the time to do so. In the fall of 2017, the Equal Employment Opportunity Commission (EEOC) released its 2018-2021 Strategic Plan announcing pay equity would be one of its six major priorities. Since then, four high-profile settlements have demonstrated the EEOC will be vigorously enforcing the Equal Pay Act and Title VII to ensure wage equality. First, in EEOC v ...
The California Division of Occupational Safety and Health (Cal/OSHA) held an advisory meeting in January to solicit input and comments on their proposed draft rules for workplace violence prevention that would apply to nearly all California employers. Passage of these standards would make California the first state to issue workplace violence rules which would surpass federal protections ...
Earlier this year the European Commission published a draft Withdrawal Brexit Agreement. It is a draft treaty to embody the key principles from the Joint Report of the Commission and the UK on the first three elements of the Brexit negotiations (i.e., People, Ireland and Money - the "PIM" Phase). The draft Agreement sets out a roadmap for the EU's vision of the withdrawal process.This is a negotiating move by the EU - it is not an agreed draft. It is a move by the EU in the Brexit chess match ...
With the Paradise papers leak in 2017 and the infamous Panama papers leak the year before, it has become increasingly more important to choose the right destination for offshore investment. It will require careful consideration, planning and skilful professional advice. It will also no doubt require a jurisdiction with a politically and economically stable environment, sound legislation, low tax (or zero tax), a solid banking framework and a discreet environment ...
A new appellate court ruling will permit workers in parts of the northeastern United States to bring forward federal law claims of workplace discrimination based on sexual orientation ...
Best-known for its stunning natural beauty—jewel-colored waters, soft sandy beaches, and lush mountain ridges—the British Virgin Islands also excels among her peers in the international financial services industry. Notably, the Territory is relentless in its pursuit of refining and advancing its financial services legal structures and complying with worldwide regulatory regimes ...
On 7 February 2018, a new specialist International Chamber within the Paris Court of Appeal was launched by the French Ministry of Justice together with the Paris Bar Association. The chamber is intended to deal with international commercial matters governed by French as well as foreign law, and the use of English as well as certain common law procedures will be permitted ...
The #MeToo and #TimesUp movements have created a national dialogue about the prevalence of sexual harassment in the workplace, and legislators are responding with new legislation aimed at preventing the secret settlement or arbitration of claims ...
On Wednesday, February 21, 2018, the United States Supreme Court adopted a narrow definition of “whistleblower” in retaliation cases arising under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank), concluding the anti-retaliation provisions of Dodd-Frank only apply to employees who report claims of wrongdoing to the Securities and Exchange Commission (SEC), not to employees who report internally. In Digital Realty Trust, Inc. v ...
Last year the Colombian Congress issued Law 1841, which incorporated the Free Trade Agreement (“FTA”) between Colombia and Israel into the Colombian legal system. Currently, the law approving the Treaty is under review by the Colombian Constitutional Court for its definitive entry into force ...
Country overview 1. Give an overview of the country’s economy, its structure and main characteristics, and prevailing government economic policy, particularly as regards foreign investment. The Philippines is an archipelago composed of more than 7,000 islands with 82 provinces divided in 18 regions. Rich in natural resources, it has a total land area of about 300,000 square kilometres. It is divided into three major island groups: Luzon, Visayas and Mindanao ...
2017 has seen immense changes to employment law throughout Europe, and the coming year looks to bring more of the same. The 2018 edition of our annual Employment Law Update aims to assist organisations with a pan-European presence in keeping up to date withchanges to legislation and best practice ...
The recent decision of the Labour Court in National Union of Metalworkers of South Africa obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) may provide some cheer to employers facing the challenges of restructuring their workforce in difficult economic times. Since 2014, the employer in this matter has faced strong economic headwinds caused by a downturn in sales and increased costs ...
Under the Affordable Care Act (“ACA”), large employers (generally those with 50 or more full-time employees or full-time equivalents) must report annually to the IRS information about the health coverage offered to their full-time employees during the prior year using IRS Form 1095-C. The IRS uses the forms to assess whether an employer "shared responsibility" penalty applies. Employers also must provide copies of the forms to their full-time employees ...
One of the many unresolved issues relating to Brexit is the issue of cross-border retailing. While there are certainly issues relating to online cross-border shopping (e.g., the imposition of VAT, additional charges for checks as well as delays caused by possible border/customs delays), there are certainly plenty of issues relating to cross-border bricks and mortar retailing as well. The border between Ireland and Northern Ireland ("NI") is a neat case study ...
This is a reminder to all corporations whose employees or former employees exercised an incentive stock option or made a purchase under the corporation's employee stock purchase plan (ESPP) in 2017 ...
