After almost 13 months of negotiations, on August 27, 2018 the United States and Mexico reached a preliminary commercial understanding, which they have termed an “agreement in principle,” to modernize the North American Free Trade Agreement (“NAFTA”). Canada has not yet joined in the agreement, and the question of Canada’s ultimate participation will affect the substance of the deal, its posture under the U.S ...
Following the enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act, the Securities and Exchange Commission (SEC) has adopted an amendment to Rule 701(e) increasing the threshold amount of securities that can be sold during a 12-month period from $5 million to $10 million. Securities sold in excess of the threshold trigger enhanced disclosure obligations for the issuer ...
Law 40 has, among other, some provisions that affect the workplace, such as the following: Obligations and prohibitions for employers: Any discrimination and stigmatizing or segregating act is prohibited to the detriment of those affected, as well as against their relatives and friends. Every employer is obliged to implement practical ILO recommendations on STI and HIV, and must take all necessary measures to effectively protect the life and health of its affected workers ...
In Reed v. Exel Logistics, Inc., No. 17-0864, 2018 WL 2769041 (W. Va. June 6, 2018), the Supreme Court of Appeals of West Virginia clarified the circumstances necessary for an employer to claim overpayment of temporary total disability ("TTD") benefits. The question arose after an employer's claims examiner paid a claimant for an additional 156 days past the 104-week limit ...
With the ever-changing developments regarding trade policy, we wanted to take this opportunity to provide some clarity regarding the Administration's actions under Section 301 of the Trade Act of 1974, regarding products imported from China. Tariffs on Chinese Imports Section 301 of the Trade Act allows the President to take action against a foreign government that violates an international trade agreement or restricts U.S. commerce - in this case, China ...
The Occupational Safety and Health Administration (“OSHA”) issued a final rule to “Improve Tracking of Workplace Injuries and Illnesses, “ which requires employers to electronically submit their injury and illness records to OSHA. Specifically, establishments with 250 or more employees must annually submit their Forms 300, 300A, and 301. And, establishments with 20 to 249 employees must annually submit their Form 300A ...
The Internal Revenue Service has released a Private Letter Ruling ("PLR") allowing a plan sponsor to make contributions to employees' 401(k) accounts if the employees are repaying student loans. This is exciting news for employers sponsoring 401(k) plans who hope to attract and retain employees as student loan debt rises to unprecedented levels. The PLR confirmed that some student loan repayment programs linked to 401(k) employer contributions are acceptable ...
The Austin Court of Appeals has temporarily blocked implementation of an Austin city ordinance that would require employers to provide paid sick leave to employees. The ordinance was set to take effect on October 1, 2018. The City of Austin passed the paid sick leave ordinance in February of 2018. The State of Texas immediately filed suit to challenge the ordinance claiming that it was preempted by the Texas Minimum Wage Act ...
Two significant events this week raised eyebrows in the lucrative world of live sports broadcasting. Firstly, Facebook agreed an exclusive deal to show La Liga to users in Asian territories including India, Bangladesh, Sri Lanka and Pakistan. It will live stream all 380 matches this season for free to its 348 million users in the region. The move fits with Facebook's ambition to grow use of its social networking platform outside markets that have reached saturation ...
All employers who were required to publish a Gender Pay Gap Report1 for the financial year 2017-2018 have now done so. A report published by the UK Parliament’s Business, Energy and Industrial Strategy (BEIS) Committee2 has confirmed that 78% of organisations have gender pay gaps that favour men, and that the national gender pay gap median is around 18%. The picture is worse in certain sectors, where it was found that gender pay gaps of over 40% were “not uncommon” ...
Photography by promoters and artists is an integral part of any kind of event. Since the General Data Protection Regulation (GDPR) came into effect, the legal requirements for videos and photos depicting people however have to be reassessed. In the past, most member states of the European Union had their own regulations regarding photos that show individual persons ...
The Israeli Securities Law was amended (Amendment No. 63) with a goal of turning the Tel-Aviv Stock Exchange (TASE) into a more competitive, efficient and profitable stock exchange, by outlining an ownership structure change of the TASE. The ownership structure change allows private investors, in addition to institutional investors, to acquire means of control over the TASE ...
DJIBOUTI: International Free Trade Zone launchedThe first phase of the Djibouti International Free Trade Zone (“DIFTZ”), expected to be the largest free trade zone in Africa, was launched on 5 July 2018. The DIFTZ will house a variety of manufacturing plants and offer investors various incentives, including tax exemptions ...
In an interesting and (as yet) unreported judgment handed down by the Labour Court, which considered an appeal against a Commission for Conciliation, Mediation and Arbitration (“CCMA”) award (rather than a review), the court confirmed the principle that an employer cannot be held liable in terms of the Employment Equity Act, 1998 (the “EEA”) for unfair discrimination resulting from actions towards one of its employees by one of its customers ...
The primary remedy for a substantively unfair dismissal is reinstatement, which aims to place an employee into the position he or she would have held had it not been for the substantively unfair dismissal. Generally speaking, reinstatement awards are coupled with orders for back pay, that is, payment of the remuneration that the employee would have enjoyed over the period between the dismissal and the reinstatement order ...
Earlier this year, the Ministry of Energy and Mineral resources ("MEMR") issued Press Release No. 00022/04/SJI/2018 to continue arranging dozens of overlapping regulations and permits ("Simplification"). So far, 90 regulations and 96 certifications/recommendation/permits ("Regulations") have started since 22 January 2018 ...
IN THIS ARTICLE, PARVATHY DEVI RAJA MOORTHY DISCUSSES THE CODE OF CONDUCT FOR INDUSTRIAL HARMONY Introduction The Code of Conduct for Industrial Harmony (“the Code”) was agreed upon between the then Ministry of Labour and Manpower[1], the Malaysian Council of Employers’ Organisation[2]and the Malaysian Trades Union Congress to lay down principles and guidelines to employers and workers on the practice of industrial relations for achieving greater industrial ha
IN THIS ARTICLE PARVATHY DEVI RAJA MOORTHY DISCUSSES WHETHER AN INDUSTRIAL COURT ACTION CAN PROCEED WITHOUT COMPLYING WITH SECTION 226(3) OR SECTION 263(2) OF THE COMPANIES ACT 1965. Introduction In the civil court, any action or proceeding pending against a company after the presentation of a winding-up petition may be stayed by the court ...
IN THIS ARTICLE, REENA ENBASEGARAM LOOKS AT THE LAW RELATING TO COMPETING UNIONS. Introduction The strength of a trade union is derived from its membership which is its paramount asset. Upon being accorded recognition, a trade union will bargain on behalf of the employees and, in this regard, acts as a principal and not as an agent of its members[1]. The contracting rights - including those of non-union members and future employees - are transferred to the trade union ...
IN THIS ARTICLE, NADIA ABU BAKAR DISCUSSES AN EMPLOYER’S PREROGATIVE TO TRANSFER EMPLOYEES Introduction There may be an instance where you receive a letter from your company with the following content: “In light of the business requirements of the Company, you shall be transferred to xx with effect from xx ...
Top 10 Questions Employers Should Ask When Hiring and Firing in Malaysia HIRING IN MALAYSIA: Does the employee have a right to work in Malaysia or does he/she need a work permit? Is the employment offer subject to any condition precedent (e.g ...
IN THIS ARTICLE PARVATHY DEVI RAJA MOORTHY LOOKS AT THE IMPORTANCE OF ASCERTAINING THE IDENTITY OF THE EMPLOYER WHEN LODGING A COMPLAINT OF UNFAIR DISMISSAL ESPECIALLY IN SECONDMENT CASES. Introduction The correct identification of an employer is essential in the lodging of an unfair dismissal complaint pursuant tosection 20of theIndustrial Relations Act 1967where the relationship between the employee and the company is unclear ...
IN THIS ARTICLE, WONG KIAN JUN CONSIDERS A RE-LOOK AT THE LAWS ON RETRENCHMENT Introduction During uncertain times and shrinking profits, organisations may decide to reorganise their business structure in order to create a leaner workforce thereby reducing their operating costs to weather the impact of a slowing economy. Inevitably, the reorganisation would result in the retrenchment of its employees who are considered surplus to the needs of the organisation ...
