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Schwabe, Williamson & Wyatt | December 2021

On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s vaccine mandate that applies to all federal contractors and subcontractors in covered contracts in any state or territory of the United States ...

Schwabe, Williamson & Wyatt | December 2021

In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace ...

Dinsmore & Shohl LLP | December 2021

On Dec. 17, 2021, the United States Court of Appeals for the Sixth Circuit ended the injunction preventing enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).  The ETS requires that large employers must implement a COVID-19 vaccine mandate or testing protocol ...

Dykema | December 2021

Late Friday, the United States Court of Appeals for the Sixth Circuit issued an Order and Opinion lifting the stay that previously had been entered by the United States Court of Appeals for the Fifth Circuit which had prevented the OSHA COVID-19 emergency technical standard (the “ETS”) that applied to employers with 100 or more employees from going into effect ...

Schwabe, Williamson & Wyatt | December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects ...

Shoosmiths LLP | December 2021

The pandemic alongside a renewed focus on climate change following COP26 and the growing interest in ESG credentials are all contributing to a changing world of work ...

Afridi & Angell | December 2021

As promised, this is a more detailed discussion of the new Labour Law, which takes effect on 2 February 2022. For an initial snapshot, see myInBrief Dated 21 November 2021. In that earlier inBrief, I discussed what I thought were the most significant departures from previous law, including the new rules on termination of contracts with notice, on end-of-service gratuity, on overtime, and on non-compete clauses. Some of those earlier remarks are further developed below ...

Schwabe, Williamson & Wyatt | December 2021

On December 9, 2021, the Safer Federal Workforce Task Force issued a new statement regarding the court orders enjoining implementation of the federal contractor vaccine mandate ...

Shoosmiths LLP | December 2021

As we draw to the end of 2021, Lauren Bholé and Lizzie Lord reflect on some of the HR challenges faced by many companies over the past 12 months. 1. Employees wanting a change in career – the ‘great resignation’ A study by Microsoft found that 41% of the global workforce is considering leaving their employer this year ...

Schwabe, Williamson & Wyatt | December 2021

On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction enjoining enforcement of the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States. This injunction is nationwide and states that it applies to all federal contractors ...

Carey | December 2021

On November 24th, 2021, Law No. 21,391 introducing in the Labor Code a new article 206 bis, was published in the Official Gazette. This article establishes the employer’s obligation to offer remote work or teleworking to certain employees, in the event a state of catastrophe due to public calamity or a health alert due to an epidemic or pandemic because of a contagious disease is declared ...

Afridi & Angell | December 2021

This inBrief examines the latest amendments to the Bankruptcy Law (Federal Decree Law No. 9 of 2016, as amended) introduced under Federal Decree Law No. 35 of 2021 (the New Law) and their impact on the personal liability of the board of directors and managers of bankrupt companies. The New Law came into effect on 1 November 2021. In contrast with earlier amendments to the Bankruptcy Law (such as Federal Decree Laws No. 23 of 2019 and No ...

Shearn Delamore & Co. | December 2021

The Employment (Amendment) Bill 2021 (“the Bill”) was tabled for its first reading on 25 October 2021, seeking to amend the Employment Act 1955 (“the Act”). In this update, Vijayan Venugopal, Grace Chai and Nur Najehah set out the key changes that the Bill proposes to introduce and analyse the potential impact of such proposed amendments ...

Shoosmiths LLP | December 2021

In the final instalment in our series of articles looking at whistleblowing claims, we look at types of whistleblowing claims and their potential remedy at an employment tribunal. Previously we looked at what amounts to a protected disclosure, how clear and effective policies in place helps employers to handle protected disclosures and the handling of complaints confidentially and/or anonymously ...

DFDL | December 2021

On 1 December 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Notification 058/21 on Extending the Deadline for the 2022 Foreign Employee Quota Application (“Notification”). Through the Notification, the MLVT has delayed the submission deadline for 2022 foreign employee quota applications until 31 January 2022, being two months after the original deadline ...

Schwabe, Williamson & Wyatt | December 2021

On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. A copy of the decision is attached ...

Schwabe, Williamson & Wyatt | December 2021

On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. A copy of the decision is attached ...

Kudun and Partners | December 2021

We are looking for a junior associate with knowledge and experience in dispute resolution and litigation to join our growing practice. Careers Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...

Dinsmore & Shohl LLP | December 2021

The Centers for Medicare and Medicaid Services' (CMS) vaccine mandate (Mandate)[1] has been preliminarily enjoined[2] on a nationwide basis due to a Nov. 30, 2021, decision by Judge Terry A. Doughty of the Western District Court of Louisiana, Monroe Division. Among other conclusions, Judge Doughty stated that mandating vaccination of health care workers should be done by Congress, not a government agency, although he also questioned whether even Congress had such authority ...

Shoosmiths LLP | December 2021

Our Shoospeak HR podcast welcomes special guest Jonathan Naylor (Partner in the Shoosmiths' employment team) to discuss trade union communication strategies ...

Shoosmiths LLP | November 2021

The national minimum wage is the prescribed minimum hourly rate of pay that employers are required to pay to most workers. Ensuring the minimum wage is paid correctly can be tricky and errors can lead to damaging and costly consequences for employers. Calculating the correct minimum wage is not just about adding up the pennies ...

Shoosmiths LLP | November 2021

Led by legal director of immigration, Rachel Harvey and employment associate, Amy Leech, this webinar provided guidance on options available for frontier workers following the end of free movement between the EU and the UK. Free movement of individuals between EU countries and the UK ended on 31 December 2020, following the UK’s withdrawal from the European Union ...

DFDL | November 2021

With COVID-19 vaccination campaigns nearing completion or still in progress in various countries across Southeast Asia, our experts take this opportunity to look at some of the top questions and concerns on the minds of employers and employees when it comes to COVID-19 vaccination considerations ...

Schwabe, Williamson & Wyatt | November 2021

On November 18, 2021, President Biden issued an executive order reinstating a version of the Nondisplacement of Qualified Workers Under Service Contracts executive order that had previously been implemented by President Obama and then rescinded by President Trump. The new clause is reproduced below.  President Biden’s new executive order applies to contracts and subcontracts that are covered by the Service Contract Act ...

Shoosmiths LLP | November 2021

We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series. On Tuesday 19 October 2021, the ‘Transitioning to Net Zero for Professional Services’ webinar took place. In this webinar our Chairperson, Peter Duff, discussed the challenges facing professional services firms in setting and reaching net zero targets ...

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