The Supreme Court will decide if historic holiday pay claims can be brought where there are gaps of three months or more between a series of underpayments. The outcome could have significant implications for employers across the UK ...
On the ninth day of Christmas, HR was asked with fear, “Do we have to say yes to all holiday requests during this festive time of year?” And HR replied….No! A common problem around the festive period is that many employees want to take the same days as annual leave so that they can enjoy time off with their loved ones ...
On the eighth day of Christmas, HR heard someone say, “do we have to let seasonal workers have a holiday?” And HR replied...Yes! It is a common misconception that, because seasonal workers are hired specifically to provide additional cover during the busy festive period, employers do not have to give them any time off over Christmas. However, this is not true and seasonal staff have the same right to annual leave as any other worker ...
The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the subject of the representation. The Rule does not, however, account for the “reply all” function in email communications ...
In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to prioritize those issues the past few years, and may not have had much, if any, time and resources available to devote to other non-pandemic-related employment law changes ...
On the 7th day of Christmas HR was asked…”Can we run a Secret Santa? It’s going to be a blast!” And HR replied…. OK but please don’t make anyone gasp!! The tradition of Secret Santa in workplaces is one of morale-boosting Christmas cheer in which colleagues anonymously exchange presents, encouraging team-building and forging friendships ...
On the sixth day of Christmas, HR was asked “What's Sarah’s home address? I want to send her a Christmas present, and I don't want to guess!” And HR replied… ...
Treehouse Avatar LLC v. Valve Corp., Appeal No. 2022-1171 (Fed. Cir. Nov. 30, 2022) In the only precedential patent opinion issued by the Federal Circuit this week, the Court affirmed a district court’s summary judgment ruling that appellee Valve Corporation’s popular “Dota 2” and “Team Fortress 2” online videogames did not infringe Treehouse Avatar’s U.S. Patent No ...
As previously discussed, the federal district court deciding Christian Bruckner’s lawsuit to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small business concerns” owned and controlled by “socially and economically disadvantaged individuals” issued an order directing (1) the parties to submit supplemental briefing describing the “administrative and implementation of the DBE p
Key points: Limited duration for post-retirement employment will mean up to 24 consecutive months, with potential extensions up to 48 consecutive months, or longer with CalPERS' approval. The 24-month rule will also apply to time served by active employees appointed to upgraded positions or classifications for purposes of reporting "temporary upgrade pay" to CalPERS ...
Earlier this year, the Hong Kong Court of First Instance gave its reasons for its decision in the matter of Re WSY.* As is becoming increasingly common, this case involved the issue of how to deal with the assets of someone who had lost capacity, what is known in Hong Kong as a mentally incapable person, or MIP. One of the issues was whether to make provision for religious charities from the MIP's assets. In this instance the relevant MIP was known in the proceedings as WSY ...
Initially published by Thomson Reuters [23 November 2022], Shoosmiths partner Sam Tyfield comments on the implications of the recent call for regulation by cryptocurrency firms. Cryptocurrency firms and lobbyists have reacted to the collapse and bankruptcy of FTX by calling for regulation. When unpacked, however, their pleas to be regulated reveal an industry wanting regulation on its own terms while unwilling to face home truths about its faults and efficacy ...
On the fifth day of Christmas, HR announced with fear... We’re stopping the Christmas bonus for everyone this year! Employers and individuals alike are feeling the impact of increased costs this winter, and it may well be that some employers will seek to save costs by not paying a bonus to employees this Christmas. But is it lawful to simply decide not to pay a Christmas bonus one year? The answer lies in the employment contract ...
On the fourth day of Christmas, HR were asked, when do you say “no more” to the Christmas decorations? And HR said to me...a giant light up turkey is just too much for the Christmas tree! It is a common misconception that Christmas decorations should be banned for breaching health and safety rules ...
The Malta Business Registry has published a notice informing the public of a key change to its online website company register portal. Access by the general public to the beneficial ownership details of companies registered with the Malta Business Registry has been removed following a judgement of the Court of Justice of the European Union ...
There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.” However, what is not so funny for federal contractors and former executive branch employees is when the application process for — or the performance of work at — the new job runs afoul of ethics laws and regulations. For example, Oracle America Inc ...
In a circular dated the 15th of November 2022, the Malta Financial Services Authority (“MFSA”) confirmed that electronic signatures which are done with a ‘qualified electronic signature’ shall be accepted by the MFSA ...
Recent announcements suggest the government has moved away from amending UK employment law via an all-encompassing Employment Bill. Instead, it is supporting changes proposed by backbench MPs through various Private Members’ Bills (PMBs). The Queen’s Speech in December 2019 announced the government’s intention to bring about various employment law reforms, in particular those recommended in the Taylor Review and subsequent consultations, via an Employment Bill ...
The UK Visas and Immigration (UKVI) guidance for sponsors was updated on 9 November 2022 with some helpful clarifications. In part 1, we detail the changes at the early stages of sponsorship. 1. Clarification of Immigration Skills Charge (ISC) exemption It is important that when assigning an Undefined Certificate of Sponsorship (“CoS”), you select the correct option with regards to the category of application so that the ISC can be paid if required ...
In the first part of our summary of the recent changes to the sponsor guidance, we looked at the changes relating to the early parts of sponsorship. In this part, we look at the remaining changes, including changes to salary levels and NMC registration for nurses. 1 ...
On the third day of Christmas, HR was asked “How do you deal with the morning after the Christmas party?” And HR replied…carefully! There will no doubt be a few sore heads following a work organised Christmas Party and it will be that bit more tempting for employees to switch off the early morning alarm and go back to sleep! But what should employers do if an employee turns up late for work or doesn’t turn up at all? If the employment contract allows for it, an emplo
