The Court of Session has recently considered what is required to amount to a course of conduct under the Protection from Harassment Act (Marinello v City of Edinburgh Council). Mr Marinello complained that, while he was employed by the Council, two of his superiors had subjected him to almost daily abuse and criticism and he brought an action under The Protection from Harassment Act 1997 ...
In a welcome decision for employers, the Employment Appeal Tribunal has considered the extent to which employment tribunals should investigate the employer's marking and scoring process in a redundancy procedure and held that detailed judicial scrutiny of the scores awarded in a redundancy process is inappropriate (Dabson v David Cover & Sons Ltd). Mr Dabson argued that he had been dismissed unfairly for redundancy ...
The Employment Appeal Tribunal has held, in the case of Burns v Santander UK plc, that an employee who is remanded in custody for 6 months while awaiting trial was not entitled to claim wages for that period. Mr Burns was arrested and charged with various criminal offences. He remained in custody for 6 months until his trial. Santander wrote to him to say that he would not be paid while he was in custody ...
The Government launched its consultation on modern workplaces on 16 May 2011. The consultation contains proposals for a system of shared flexible parental leave, the extension of the right to request flexible working to all employees, changes to the Working Time Regulations to deal with the interaction of holiday and sickness absence and proposals to require employers to carry out equal pay audits if they lose an equal pay claim ...
The Department for Business Innovation and Skills has now published its final guidance on the Agency Workers Regulations, which come in to force on 1 October 2011. The final guidance makes the provisions and requirements in relation to pay between assignments clearer especially in relation to annual leave. There has also been a minor change to remove one-off non-contractual bonus payments from the definition of pay ...
Guidance to assist with determining who falls within the definition of a disabled person under the Equality Act 2010 came into force on 1 May 2011. It sets out the constituent parts of the statutory definition and provides examples to help to determine whether a person is disabled or not ...
The national minimum wage will increase from 1 October 2011 as follows: The adult rate (age 21 and over) will increase to £6.08 per hour. The development rate (for 18 to 20 year olds) will increase to £4.98 per hour. The rate for young workers (16 to 17 year olds) will increase to £3.68 per hour ...
The TUC and CIPD have updated their guidance on managing age to take into account good practice developments since 2006 and the phasing-out of the default retirement age from 6 April 2011. It supports the Acas guidance on managing without a retirement age and reflects the business case for extending working life and employing people of all ages ...
A bipartisan U.S. Senate committee has asked both the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services to study the proliferation of physician owned distributorships (PODs), citing a lack of regulatory guidance on how these arrangements square with existing federal law ...
The Supreme Court ruled earlier this week that the Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., et al. The Bayh-Dole Act generally enables non-profit organizations, such as universities, to obtain title to inventions made under federally funded research programs while reserving march-in rights to the federal agency providing the funding ...
On May 26, 2011, the United States Supreme Court handed down its decision in Chamber of Commerce of the United States of America v. Whitingin which petitioners had challenged a 2007 Arizona law imposing sanctions on businesses that hire unauthorized aliens. Petitioners claimed that the Arizona law, the Legal Arizona Workers Act, was expressly, or alternatively, impliedly preempted by the Federal Immigration Reform and Control Act (IRCA) ...
On May 25, 2011, the en banc Federal Circuit announced its decision in Therasense, Inc. v. Becton, Dickinson & Company regarding the appropriate standards for succeeding with an inequitable conduct defense ...
The Office for Civil Rights (OCR) of the Department of Health and Human Services today proposed an expansion of the rights of individuals to obtain reports from health providers and insurers about how their protected health information (PHI) is used.1 The draft regulations will require health providers and insurers (called “Covered Entities”) to provide more data faster and in a variety of formats as requested by individuals ...
Abstract:Following the provisions of the TRIPS agreement, the Brazilian Industrial Property Law affords special protection to famous (highly renowned) trademarks in all fields of activity ...
The Brazilian industry appears to be fully recovered from the world crisis of 2008, at least as regards Intellectual Property aspects. According to a recent official announcement made by the Brazilian Trademark Office, the number of trademark filings in Brazil raised considerably in 2010, from an estimate 111.724 applications in 2009 to a total of 129.620, which corresponds to a 16% growth ...
It seems to have avoided the worst effects of the 2009 financial crisis that shook much of the developed world, as domestic demand, government stimulus and rising commodity prices helped pull the economy out of recession faster than most countries. Indeed, the good economic momentum that catapulted Brazil forward over the past 10 years has helped 30% of the population to rise out of poverty and become consumers of products and services ...
The United States Court of Appeals for the Fourth Circuit recently provided additional support for calculating unpaid overtime compensationunder the Fair Labor Standard Act (“FLSA”) by paying damages to misclassified employees at 50% of the regular rate ...
Financial pressures often prompt an employer to review the benefits provided to employees and former employees in order to determine whether changes can be made that would decrease the cost of those benefits. Other times an employer will make changes to the benefits it offers in order to attract new employees or to better respond to the demographics of its workforce ...
The Centers for Medicare and Medicaid Services (CMS) announced the creation of so-called “Pioneer ACOs” on May 17 in an attempt to blunt heavy criticism over the draft regulations on Accountable Care Organizations (ACOs) issued on March 31, 2011 (the “Draft Regulations”).1 The Draft Regulations have been criticized due to their burdensome data collection requirements, large start-up costs, uncertain savings, possible losses and troublesome governance mandates ...
Southwest Health Alliance (“Southwest”), an independent practice association with approximately 900 member-physicians, has agreed to a proposed order recently entered by the Federal Trade Commission (“FTC”) settling charges that it engaged in anticompetitive conduct in its dealings with insurers and other payors for the provision of physician services (collectively, “insurers” or “payors”) ...
A former GlaxoSmithKline attorney, Lauren Stevens, was acquitted on May 10 of all criminal charges stemming from her response to an FDA investigation. The acquittal, ordered by U.S. District Judge Roger W. Titus, is a stunning defeat for the government’s anti-fraud enforcement measures. The judge also severely rebuked the government’s efforts in the matter, stating the case should never have been prosecuted. Had she been convicted, Stevens would have faced a prison term of up to 60 years ...
Early last year, the State Administration for Industry and Commerce (“SAIC”) and the Ministry of Public Security of the People’s Republic of China (“PRC”) jointly issued a Circular on Further Strengthening Administration of the Registration of Resident Representative Offices (“RO”) of Foreign Enterprises (“Circular”) ...
Starting April 6, 2011 the Social Security Administration (SSA) resumed sending its “no-match” letters (or “decentralized correspondence (DECOR) letters”) to advise employers of reported social security numbers that do not coincide with SSA’s records. In 2007, SSA stopped sending DECOR letters due to federal litigation focused on an insert that the Immigration and Customs Enforcement agency (ICE) wanted to include with the letters ...
On April 18, 2011, the Centers for Medicare and Medicaid Services (CMS) began the attestation phase under its $27 billion Medicare EHR Incentive Program. Incentive payments for the meaningful use of electronic health records (EHR) will begin in May 2011 and will continue over the next several years. Eligible professionals (i.e ...
On March 22, 2011, the Fifth Circuit ruled that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) does not support a cause of action for hostile work environment. This is the first ruling from any Circuit Court regarding the issue. USERRA, a federal statute that establishes rights for members of the National Guard and Reserve, applies to all public and private employers, regardless of size ...
