Prior to imposing, extending, or increasing any tax, a public agency must submit the tax to a vote of the electorate. However, public agencies need no such approval to impose certain types of fees. In Jacks v. City of Santa Barbara, the Supreme Court considered whether and when municipal franchise fees—fees charged to utilities and others for the use of public rights of way—constitute taxes requiring voter approval ...
Following an industrial arbitration award in 2012, a teacher in an educational institution became aware that, for a long time, he had been subject to a wrong collective agreement and had therefore not received enough salary. Against this background, a dispute arose regarding, inter alia, adjustment of salary, overtime pay, holiday pay and pension contribution for the period 1 October 2007 - February 2009. Judgment of 30 May 2017 from the Danish Eastern High Court ...
The European Parliament and the Council of the EU have issued statements of non-objection to the revised draft RTS under the PRIIPs Regulation which were endorsed last month by the European Commission. Finally, the long-awaited level 2 measures have been agreed on and further guidance on level 3 as well as level 4 by the ESAs and the European Commission is expected in the near future ...
Gender discrimination is a hot topic for California employers, with a recent California appellate court decision regarding sexual orientation discrimination and new regulations issued by the California Fair Employment and Housing Council (FEHC) regarding transgender discrimination. In Husman v. Toyota, (Case No ...
Earlier this year, the Court of Justice of the European Union (CJEU) reached an important decision in the case Medisanus d.o.o. v General Hospital Murska Sobota (C-296/15) concerning public procurement procedures ...
New regulations issued by the California Fair Employment and Housing Council, effective July 1, 2017, limit California employers’ use of criminal history when making employment decisions ...
The use of fixed-term employment contracts has been the subject of contention for many years. Opponents to their use have argued that because these contracts terminate automatically after the period of time for which they have been entered into, they can be used to avoid liability for unfair dismissal ...
In its recent decision in TFD Network Africa (Pty) Ltd v Singh NO & Others, the Labour Appeal Court (the “LAC”) considered the interpretation of section 17 of the Basic Conditions of Employment Act, 1997 (“the “BCEA”); in particular, subsections 17(1) and (2), which regulate night work. Subsections 17(1) and (2) read as follows: “(1) In this section, 'night work' means work performed after 18:00 and before 06:00 the next day ...
New Law No 125-FZ amending regulation of overtime and part-time work was signed by the Russian President earlier this year (hereinafter – the “Law”). The Law went into force on June 29, 2017. Highlight below is the most important novelties introduced by the Law. Part-Time Work The parties of labour relations may now agree on any length and frequency of an employee’s working hours ...
On June 17, the Trump Administration announced a new policy on Cuba, partially reversing certain of the market-opening measures that had been adopted by the Obama Administration during its final two years ...
Getting the Deal Through – Shipbuilding is part of the series of Getting the Deal Through law guides published by Law Business Research that provide an overview of specialist areas of the law in a variety of international jurisdictions.It is published annually and the sixth edition, published in June 2017, covers 14 jurisdictions. Leading practitioners from each jurisdiction answer the same key questions ...
Under Israeli law, the employment of a foreign employee who is not a citizen or resident of Israel is a criminal offense, except if the person requesting to employ the foreign employee received a special permit from the Population and Immigration Authority (the "Authority") pursuant to the Foreign Workers Law, 5751-1991 ...
FBC & Co examine the business and legal aspects of investing in one of the world’s most technologically advanced economies. Established in 1948, Israel is the world’s only Jewish state, and the sole democracy in its vicinity. Israel has a diverse open market economy. Being a relatively young state, Israel is recognized as a developed market by many major indices. Israel has been a member of the high-income sector of the OECD since 2010 ...
India and Japan share a long history. Buddhism, which was born in India, travelled to Japan around the 6th century. The first major interaction between Japan and India seems to have been Japanese assistance to Shri Subhash Chandra Bose in the fight for Indian independence (1943-45). Post WWII, Japan and India signed a peace treaty and established diplomatic relations on 28th April, 1952 ...
The shock result in the UK General Election has caused further political and economic upheaval with no single party controlling the House of Commons. Serious questions are now being raised over the UK’s approach to Brexit with negotiations set to commence next week ...
After several delays, the Department of Labor’s (the “DOL’s”) final “fiduciary” rule expanding the definition of who is an investment advice fiduciary became effective on June 9, 2017 ...
A unanimous Supreme Court held on June 5, 2017, that the SEC’s ability to recover funds through disgorgement is subject to a five-year statute of limitations. The SEC routinely seeks disgorgement as an equitable remedy in actions alleging securities law violations and asserted that disgorgement was not a penalty subject to the five year statute of limitations under 28 U.S.C. § 2462 ...
Amongst the numerous topics covered by the Markets in Financial Instruments Directive II (MiFID II), the European Securities and Markets Authority (ESMA) has decided to provide further guidance on the requirements regarding product governance through its guidelines dated 2 June 2017 which focus on the target market assessment by manufacturers and distributors of financial products ...
Changes to North American Free Trade Agreement (NAFTA) have been anticipated since the moment of President Trump’s election. When U.S. Trade Representative Robert Lighthizer notified Congress of the Administration’s intent to renegotiate NAFTA, he triggered the 90-day consultation period before formal negotiations can begin ...
The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act, West Virginia Workplace Freedom Act, West Virginia Medical Cannabis Act, striking employees and unemployment benefits, Physicians Freedom of Practice Act, and bonds for wages and benefits ...
The Office of the United States Trade Representative (USTR) has published in the Federal Register a Notice of a “Request for Comments on Negotiating Objectives Regarding Modernization of the North American Free Trade Agreement With Canada and Mexico.” In the Notice, USTR advises that it will accept written comments by June 12, 2017 and will hold a public hearing at the U.S ...
The Department of State (“DOS”) published in the Federal Register a Notice to implement the presidential initiative for extreme vetting of visa applicants. Emergency review of the DOS proposal has been requested from the Office of Management and Budget (“OMB”). The DOS has requested approval. If granted, the emergency approval would be valid for 180 days, although permanent approval could still be sought ...
"WHAT BELT AND ROAD SNUB MEANS FOR SINGAPORE’S TIES WITH CHINA" Thus the headline from the South China Morning Post (SCMP) on 18 May 2017.China had concluded its Belt and Road Forum, to which 29 other heads of government were invited. Only 3 from 10-member ASEAN were excluded: Singapore, Thailand and Brunei. Even smaller nations, with less-established diplomatic ties to Beijing, sent their heads of government ...
On the morning of 26 April 2017, the usual rumble of South African Airways (“SAA”) flights taking to the skies was interrupted by a strike by cabin crew employees, organised by their trade union, the South African Cabin Crew Association (“SACCA”). Due to strict civil aviation regulations, the strike resulted in a significant number of flights being cancelled, which, in turn, caused massive inconvenience for passengers ...
A recent South African Commission for Conciliation, Mediation and Arbitration (“CCMA”) ruling has provided clarity on issues of deemed employment in circumstances where multiple contractors are used. The matter before the CCMA involved Shoprite, one of the largest food retailers in Africa. In order to provide its approximately 2,000 stores with stock in an efficient manner, Shoprite established seven distribution centres (“DCs”) in South Africa ...
