A recent Fifth Circuit Court of Appeals decision reinforces the Fifth Circuit’s willingness to enforce private settlements of Fair Labor Standards Act (“FLSA”) claims while simultaneously making clear that there are limits to such enforcement ...
On June 29, President Obama signed the Trade Preferences and Extension Act of 2015, which significantly increases penalties for the failure to file correct information returns under I.R.C. § 6721 and the failure to furnish statements to payees pursuant to I.R.C. § 6722. The new law increases the penalty from $100 to $250 for each violation of either statute ...
On April 29, 2013, the Occupational Safety and Health Administration (“OSHA”) launched the Temporary Worker Initiative (“TWI”) with the purpose of increasing its focus on temporary workers in order to highlight employers’ responsibilities to ensure these workers are protected from workplace hazards. A temporary worker is defined by OSHA as one hired and paid by a staffing agency and supplied to a host employer to perform work on a temporary basis ...
Restraints of trade - Scope of rules: 1. Are restrictive agreements and practices regulated? If so, what are the substantive provisions and regulatory authority? Restrictive agreements and practices may qualify as anti-competitive concerted practices (that is, practices that resulted or may result in prevention, elimination or restriction of competition). There is a general prohibition of anti-competitive concerted practices, unless an exemption applies (see Question 3) ...
The new FIFA Regulations on Working with Intermediaries (FIFA WRI)172 abolish the former licensing system and create a new "intermediary" status. That status is intended to increase transparency by establishing an obligation for intermediaries to sign an "Intermediary Declaration", which in turn implies registering with the respective national football association and adhering to that association's regulations ...
Bill on restrictive employment covenants revoked due to call for parliamentary elections in Denmark, scheduled to take place in June 2015. Due to the Danish Prime Minister's call on 27 May 2015 for parliamentary elections, all bills that have not yet been passed are revoked, including Bill No. L 196 on Restrictive Employment Covenants which should have entered into force on 1 July 2015 ...
On June 1, the United States Supreme Court reversed and remanded Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.1 to the Tenth Circuit Court of Appeals and held that in order to prove a disparate-treatment (or “intentional discrimination”) claim, an applicant need only show that his need for a religious accommodation was a motivating factor in an employer’s decision not to hire him ...
Before the close of the legislative session, Texas Governor Greg Abbott has shown tremendous support for free speech and the rights of whistleblowers by signing Senate Bill 627 codifying a defense for the news media’s accurate reporting on third-party allegations. This defense had been common law in Texas for twenty-five years but was called into question in a recent Texas Supreme Court ruling ...
Since 2 years ago Ecuador is going through a deep actualization process of its legal regulations. The Criminal Code, the Companies Act has been reformed and the Civil Code reforms, as well as procedural rules reforms of trials are in the final step of approbation. One of the most important reforms performed in the last days are the ones related with the Labor Code, which regulates labor relationship between employers and employees ...
Vol. XIII, Issue 1 of the Employment & Immigration Update includes the following articles:ILO 2015 Report: World EmploymentFlexible working conditionsPHL Employment OutlookGender EqualityAccessibility Law (Batas Pambansa Blg. 344)Mobile Training LaboratoriesDefinition of Missing Persons under Employees' Compensation Commission Board Resolution No. 14-07-20The issue also contains information on recent Supreme Court decisions, labor and immigration news and circulars, and SyCipLaw updates ...
In Quebec, it is possible to find materials and products containing asbestos in civil engineering works, construction materials, facilities and equipment in all types of buildings, whether industrial, commercial, public or residential ...
In future, it will be much more difficult for Danish companies to make use of special restrictive covenants in connection with hiring employees. That will be the result if a new bill on restrictive employment covenants is adopted. The bill includes a tightening of the rules on the use of non-competition and non-solicitation clauses whereas non-hire clauses will practically be prohibited.On the face of it, the new rules will provide more flexibility for the employees ...
On 5 January 2015, the Minister of Trade issued Regulation No. 4/M-DAG/PER/1/2015 of 2015 on Provisions to Use a Letter of Credit for Exporting Certain Commodities (“MOT Regulation 4”). One of the goals of MOT Regulation 4 is to provide a clear and verifiable record of prices actually paid by foreign buyers for exported natural resource products ...
The Supreme Court issued its much anticipated opinion in Mach Mining v. Equal Employment Opportunity Commission1 yesterday, unanimously holding that whether the EEOC satisfied its statutory duty to conciliate Title VII charges of discrimination prior to filing suit is an issue subject to judicial review ...
On April 14, 2015, the White House announced that President Obama intends to remove Cuba from the government’s list of nations that sponsor terrorism. This decision follows a series of important changes to US policies and regulations affecting business and commercial transactions between the United States and Cuba ...
Practical Law Company has published a table on drug/substance abuse testing of employees, which sets out whether or not employers can carry out drug/substance abuse testing on employees both before they are employed, and during their employment in 28 jurisdictions. Jurisdictions covered include Brazil, Canada, China, Cyprus, France, Germany, Hong Kong, India, Indonesia, Italy, Philippines, Spain, Turkey, USA, United Arab Emirates and United Kingdom, among others ...
On April 1, the Securities and Exchange Commission (“SEC”) brought its first enforcement action based on confidentiality agreements that the SEC alleged had the potential to “stifle the whistleblowing process.” Houston-based company KBR, Inc. (“KBR”), agreed to pay $130,000 as a civil penalty for including impermissible restrictions in confidentiality agreements signed by witnesses during internal investigations ...
Private sector, investors and experts agree that the Government of El Salvador has to improve the business climate to attract more national and foreign investment that would contribute to increase the Gross Domestic Product and improve in this way the living conditions of the population ...
Practical Law Company has published a table on rates of tax on employment income, which sets out the rates of taxation applied to employment income in 28 jurisdictions. Jurisdictions covered include Canada, China, Cyprus, England, France, Germany, Hong Kong, India, Indonesia, Italy, Philippines, Spain, Turkey, USA, United Arab Emirates and United Kingdom, among others. Content is accurate as of December 1, 2014 ...
SUMMARYTHE SALE OF A BUSINESSGETTING READY TO SELL YOUR BUSINESS : ENVIRONMENTAL ISSUESTHE SALE OF A BUSINESS
Following the key judgments inFarber1 andCabiakman2 , thePotter3 judgment rendered on March 6, 2015 by the Supreme Court of Canada (the “Court”) emerges as another indispensable judgment in employment law. In this judgment, the Court decided that the administrative suspension with pay of an employee must be justified and reasonable, or otherwise it will, in most cases, constitute a constructive dismissal. THE CONTEXT Mr ...
Children are precious, and their health, safety and well-being are at the very heart of childcare providers’ responsibilities. Several actors work with or alongside children on a daily or occasional basis in order to provide them care and education. In selecting people who work with children, providers collect and use a great deal of information about them, including their studies, experience, qualifications and abilities ...
A country’s competitiveness depends in part on its capacity to attract foreign investorsinterested in the acquisition of local companies ...
Vol. XII, Issue 4 of the Employment & Immigration Update includes the following articles:Doing Business: 2015Gender Equality in the WorkplaceStrengthening TripartismRecent Immigration Advisory and CircularsThe issue also contains information on recent Supreme Court decisions, labor and immigration news and circulars, and SyCipLaw updates.Download the Employment & Immigration Update 2014 4Q ...
