This question was considered by the Employment Tribunal in the recent case of X v Y. In a decision that will be welcomed by employers, the tribunal held that such a fear is not a protected belief under the Equality Act 2010. The facts of the case The claimant brought proceedings against her employer for discrimination after she chose not to return to work in July 2021 with the result that her employer had stopped paying her ...
On October 30, 2021, Supreme Decree Nº 030-2021-MINAM ("DS030") was published in the Official Gazette "El Peruano", adopting Maximum Permissible Limits ("MPL") for atmospheric emissions from thermoelectric generation activities ...
On Jan. 13, 2022, the Supreme Court of the United States lifted the injunction on the Centers for Medicare and Medicaid (CMS) vaccine mandate (Mandate).[1] Previously, injunctions were imposed by district courts in Missouri and Louisiana, and affirmed on appeal by the Eighth and Fifth Circuits, respectively, thereby prohibiting enforcement of the Mandate in 24 states ...
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration Emergency Temporary Standard, finding that the challengers to the ETS are likely to prevail. Justices John Roberts, Amy Coney Barrett, and Brett Kavanaugh issued the decision to stay the OSHA ETS. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas concurred with their own separate opinion ...
On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American Rescue Plan (ARP). While the final rule largely includes the eligible uses of SLFRF funds described in the interim rule issued in May of 2021, the Treasury expanded and provided more detail on eligible uses ...
While the U.S. Supreme Court continues to deliberate over whether the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) is a valid exercise of OSHA’s regulatory authority, OSHA has continued to update their ETS FAQs to provide more guidance to employers. In particular, OSHA has clarified the requirements that apply to the use of over-the-counter COVID-19 tests (OTC Tests) for compliance with the testing requirements of the ETS ...
On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American Rescue Plan (ARP). While the final rule largely includes the eligible uses of SLFRF funds described in the interim rule issued in May of 2021, the Treasury expanded and provided more detail on eligible uses ...
On Jan. 13, 2022, the United States Supreme Court issued an order blocking enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring (among other things) employers of 100 or more employees to require employees to be vaccinated against COVID-19 or ensure unvaccinated employees are tested for COVID-19 weekly ...
On December 16, 2021, the Cal/OSHA Standards Board readopted the Emergency Temporary Standards (ETS), but included several revisions which will go into effect on January 14, 2022 and which will remain in effect for three months. In addition, CDPH issued updated guidance for the general public this month. That guidance on isolation and quarantine requirements has now replaced the ETS exclusion periods and return to work criteria for all workers as of January 14, 2022 ...
Today, the Supreme Court issued decisions in the COVID mandate cases that have had employers across the country on the edge of their seats. In aper curiam6-3 decision, the Court stayed the OSHA Emergency Temporary Standard that required all employers with 100 or more employees to require COVID vaccination or weekly testing ...
Private healthcare provider Bupa has been ordered to pay a purported record £1.04 million penalty (fine and costs combined) after admitting fire safety failings. London Fire Brigade, prosecuting, said it was the "highest ever fine for fire safety breaches in the UK, [highlighting] the seriousness of Bupa's failure to protect a vulnerable resident in its care ...
In May 2021, the UK Government commissioned an independent, fan-led review of football governance in England following three “crisis events”. The report has thus far received a varied reception. Some have welcomed its recommendations, and believe that they will bring about much needed reform of the current model of football governance ...
The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 received Royal Assent on 15 December 2021. The Act implements changes to the Company Directors Disqualification Act 1986 (the CDDA). Importantly, it will allow the Insolvency Service to investigate the conduct of directors of dissolved companies. What is the current position? The CDDA allows the Insolvency Service to investigate the conduct of directors of insolvent companies ...
How will the UK become a Net Zero-aligned Financial Centre? Last month, the UK Government announced that the UK was to be the world’s first Net Zero-aligned Financial Centre. The Institute for Government defines “net zero” as “a balance between the amount of greenhouse gas emissions produced and the amount removed from the atmosphere” ...
This is a reminder that as of January 6, 2022, the Small Business Administration is requiring all small businesses to use a five-year period of measurement in determining their size under a revenue-based size standard. On January 6, 2020, the SBA published its final rule providing for a five-year period of measurement for determining a small business’s size under revenue-based size standards ...
This is a reminder that as of January 6, 2022, the Small Business Administration is requiring all small businesses to use a five-year period of measurement in determining their size under a revenue-based size standard. On January 6, 2020, the SBA published its final rule providing for a five-year period of measurement for determining a small business’s size under revenue-based size standards ...
Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. Jan. 3, 2022) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s bench trial finding that claims of a pharmaceutical patent were supported by adequate written description under 35 U.S.C. § 112(a) ...
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...
On Dec. 22, 2021, Ohio Governor Mike DeWine signed “Esther’s Law,” allowing long-term care residents to install and use video cameras and recording devices in their rooms. The law is named for Esther “Mitzi” Piskor, who was a victim of elder abuse at a nursing home in Cleveland. Esther’s Law is intended to combat elder abuse and neglect and will likely lead to increased enforcement actions against Ohio nursing homes and long-term care facilities ...
INTRODUCTION The new Framework Law on the Climate (Law 98/2021 of 31 December) was published on 31 December 2021. This new Law repeals Law 93/2001 of 20 August and establishes the guiding principles of climate policy and governance. It also introduces targets and provides for mechanisms to combat climate change, to decarbonise the economy and to achieve sustainable development ...
The Finance Bill 2021 has recently been passed in Parliament and gazetted on 31 December 2021 (“FA”). One of the FA amendments, which takes effect from 1 January 2022, is that only income arising from sources outside Malaysia and received in Malaysia by any person who is not tax-resident in Malaysia, would be tax exempt ...
Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S ...
Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S ...
On October 27, 2021, Board of Directors Resolution Nº 00019-2021-OEFA/CD was published in the Official Gazette "El Peruano", amending Articles 39 and 40 of the OEFA's Regulation of Administrative Measures (RMA), adopted by Board of Directors Resolution Nº 007-2015-OEFA/CD ...
