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Dinsmore & Shohl LLP | February 2021

U.S. Citizenship and Immigration Services (USCIS) released long-awaited guidance on the 2021 H-1B lottery process. The service announced it would continue with a random-selection lottery for 2021. The registration system will be open from noon Eastern March 9, 2021 to noon Eastern March 25, 2021 and the entry fee will be $10 for each case entered into the system.  USCIS also announced plans to delay the Trump-era wage-based lottery registration through Dec ...

Makarim & Taira S. | February 2021

On 4 January 2021, the President of Republic of Indonesia issued Regulation No. 2 of 2021 on the Ratification of the Convention Abolishing the Requirement to Legalize Foreign Public Documents (“PR 2/2021”) (the convention is hereinafter referred to as the “Apostille Convention”). The Apostille Convention was concluded on 5 October 1961 and is intended to simplify a series of formalities for documents signed overseas for the contracting states ...

ENS | February 2021

On 8 February 2021, two significant developments took place in the employment law arena. These will have far-reaching implications for employers and employees alike. New earnings threshold First, the so-called “earnings threshold” has been increased for the first time since July 2014. Previously the earnings threshold was ZAR205 433.30. As from 1 March 2021, the new earnings threshold will be ZAR211 596.30 per year (approximately ZAR17 633.00 per month) ...

PLMJ | February 2021

Following the renewal of the state of emergency, Decree 3-A/2021 of14January of the Presidency of the Council of Ministers, determines the closure of various types of establishments. Inthiscontext, the employment support measures were amended by Decree-Law 6-C/2021 of 15 January and Decree-Law 6-E/2021 of15January, which we summarised below. 1 ...

Shoosmiths LLP | February 2021

Our latest Brexit Insight: Immigration series of webinars focusses on the impact of Brexit on workers and businesses since 31 December 2020. Our Immigration expert, Rachel Harvey, kicked off the first session by discussing the issues surrounding the new frontier worker permit and eligibility, including what a frontier worker is, what a frontier worker permit provides and what your obligations are as an employer for the next 6 months and beyond ...

Shoosmiths LLP | February 2021

Our latest Brexit Insight: Immigration series of webinars focusses on the impact of Brexit on workers and businesses since 31 December 2020. Our Immigration expert, Rachel Harvey, kicked off the first session by discussing the issues surrounding the new frontier worker permit and eligibility, including what a frontier worker is, what a frontier worker permit provides and what your obligations are as an employer for the next 6 months and beyond ...

Heuking | February 2021

On January 25, 2021, the German federal Cabinet introduced the draft for the new Cyber Security Act (“IT Security Act 2.0”) into the legislative process ( Draft of a Second Act to Increase the Security of Information Technology Systems, printed matter 19/26106 [draft of a second law to increase the security of information technology systems, document 19/26106] ). The new German Cyber Security Act is intended to replace the old German Cyber Security Act of July 2015 ...

Buchalter | February 2021

On January 25, the State of California lifted its previously enacted emergency stay-at-home order for all 58 counties. The stay-at-home orders were put in place at the beginning of December and were designed to help ease the burden on ICUs throughout the state, which were becoming increasingly inundated with new COVID-19 patients ...

Dinsmore & Shohl LLP | February 2021

On Jan. 29, 2021, the Occupational Safety and Health Administration (OSHA) released updated guidance regarding mitigating and preventing the spread of COVID-19 in the workplace. Important highlights are as follows. First, the guidance emphasizes that employers should implement a COVID-19 prevention program for the workplace ...

Simonsen Vogt Wiig AS | February 2021

1. Background to the case The case concerned a young, female employee in a mechanical workshop, who felt she had been sexually harassed by two of the enterprise’s customers. Customer No 1 had on one occasion, while the female employee was sitting on the floor in a forward-leaning position, performing work, put his hands on her lower back, under her top ...

DFDL | February 2021

On 30 December 2020, the Government of Vietnam issued Decree No. 152/2020/ND-CP (“Decree 152”) which will take effect on 15 February 2021 and replace Decree No. 11/2016/ND-CP of the Government of Vietnam dated 3 February 2016 (“Decree 11”), Decree No. 75/2014/ND-CP of the Government of Vietnam dated 28 July 2014 (“Decree 75”) and its corresponding amendments and supplemental decrees ...

Heuking | February 2021

When it comes to the general transfer of data to third countries, even, for example, intra-group data transfers, recourse to US providers such as Microsoft (Office 365), Amazon (AWS), Google or Salesforce has been ill-fated since the ECJ ruling of July 16, 2020 (C-311/18 “Schrems II”) ...

Shearn Delamore & Co. | February 2021

Introduction In the recent Industrial Court Award of Azffanizam bin Abd v Prince Court Medical Centre Sdn Bhd [Award No.11 of 2021] dated 4 January 2021, the Industrial Court accepted evidence taken from social media in dismissing a claim of forced resignation ...

Shearn Delamore & Co. | February 2021

Introduction In the recent Industrial Court Award of Harry Wong Wei Chen v Petroliam Nasional Berhad [Award No.11 of 2021] dated 4 January 2021, the Industrial Court upheld the dismissal of an employee (“the Claimant”) on account of several allegations of sexual and workplace harassment. An interesting point in the instant case was the absence of corroborative witnesses in respect of several of the complaints against the Claimant ...

PLMJ | February 2021

Some facts and figures that set out the landscape of merger control, antitrust enforcement and competition litigation in Portugal in 2020. Interim Measures The PCA ordered the Portuguese Professional Football League to suspend its decision preventing teams in the First and Second Football Leagues from signing players that have unilaterally terminated their contracts due to the COVID-19 pandemic ...

Shoosmiths LLP | February 2021

Notwithstanding the pandemic, February marks LGBT History Month; an annual observance of lesbian, gay, bisexual and transgender history. It is important that the progress we have made to date is not only recognised but celebrated ...

Shoosmiths LLP | February 2021

This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page.   If somebody asked me at the start of 2020 whether I could join a meeting by video, my immediate thought would have been: “no, that sounds far too difficult and I don’t think we really have the technology to do that” ...

ALTIUS/Tiberghien | February 2021

Traditionally, Belgian labour law distinguishes between two forms of telework, namely structural telework, regulated by the Collective Labour Agreement n° 85, and occasional telework, regulated by the Act on Workable and Agile Work. Since the start of the Covid-19 pandemic, a third category has been added, namely 'Covid telework', which was, at a certain point, recommended but has now been made compulsory again by the government ...

ALTIUS/Tiberghien | January 2021

A new Royal Decree published on 21 January 2021 in the Belgian Official Gazette has temporarily extended the occupational doctor's role in combatting the Covid-19 virus ...

ENS | January 2021

The government’s recent announcement of its plan to roll-out the Coronavirus (COVID-19) vaccine nationwide has triggered many questions and concerns, highlighting a collision of seemingly conflicting rights and obligations in various spheres of life. With the first vaccines arriving on our shores on 1 February 2021, there are likely some employees out there who are not as excited about the arrival of the vaccine as their employers are ...

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state anti-discrimination laws. For example, a Baptist organization may apply a preference for members of the Baptist Church in its hiring decisions ...

Shoosmiths LLP | January 2021

Changes to the off-payroll working rules for private sector organisations originally planned for April 2020 will now come into force from 6 April 2021. As a result, large and medium sized organisations engaging contractors through an intermediary will have various responsibilities and potential liabilities ...

Beccar Varela | January 2021

    i.   To extend until December 31st, 2021, the occupational emergency declared by the Necessity and Urgency Decree No. 34/2019.       ii.   To extend the prohibition of dismissals without just cause and for the causes of lack or reduction of work and force majeure for a period of 90 days as of the expiration of the term established by Decree No ...

Heuking | January 2021

Imagine you instruct an employee to get tested for the Covid-19 virus infection. The employee refuses the test, claiming that the employer is not authorized to instruct him to take such a test. Moreover, the employee claims he had been vaccinated against Covid-19. What is the legal situation? 1 ...

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