Chapter 12: Family, Medical, and Military Leave: Recent Developments Under the FMLA and USERRA April 2024 Co-Authored By: Michelle Brookfield The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and has now developed over thirty years of regulations and extensive caselaw ...
May 10, 2024 By: Dylan W. Wiseman and Sarah Andrzejczak On April 23, 2024, the Federal Trade Commission approved and issued its final rule effectively banning employers’ use of non-compete agreements (subject to very few exceptions). The rule becomes effective 120 days after publication in the Federal Register, heralding yet another stride towards enhanced employee mobility. Despite the unfavorable reception from many employers, it’s important to understand that all is not lost ...
Carey Olsen advises Shanta Gold on £156.1 million takeover by Saturn Resources Limited The transaction saw Saturn Resources increase its offer from 13.5 pence per share to 14.85 pence per share in order to secure the required support of Shanta shareholders, resulting in the acquisition being approved by more than 80% of the Shanta shareholders who voted at the shareholder meeting to approve the scheme ...
Five years ago, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) made several significant changes to certain distributions required pursuant to Internal Revenue Code (“Code”) Section 401(a)(9) (“Required Minimum Distributions” or “RMDs”). The changes related to the RMD ‘10-Year Rule’ (summarized in greater detail below) have proven to be particularly difficult to interpret ...
In our fourth article in the series focusing on the risk of discrimination in the workplace, we consider the protected characteristic of pregnancy and maternity, the common issues that arise and what employers should do to avoid claims of discrimination. Despite the Equality Act 2010 (EqA) making it unlawful to discriminate against women because of pregnancy or maternity leave, women continue to face significant challenges in the workplace when they become parents ...
On 23 April 2024 the U.S.A.’s Federal Trade Commission (FTC) issued a final rule banning non-compete clauses in employee contracts. The rule will take effect six months following formal publication.1 The scope of the rule is an absolute and immediate prohibition of non-compete clauses, with the obligation on employers to serve notice on employees informing them they are no longer bound by the clause ...
Saleform 2012 is one of the most widely used contract formulars for the sale and purchase of second hand tonnage. The Saleform has its origins back to 1925 and was adopted by BIMCO in 1956. Since then, the Saleform has been amended several times, latest in 2012 ...
Greenwashing is a form of marketing that misrepresents a product, service or practice as having positive environmental effects,1 thereby misleading consumers and preventing them from making an informed purchasing decision.2 Several initiatives have been launched around the world to counter this practice. In California, a law requires business entities to disclose information in support of environmental claims ...
As the first round of H-1B Cap selections ended on April 1, 2024, employers began looking for options to sponsor highly qualified employees to fill positions of need. We outlined some options for those not selected in a previous client alert, including L-1 visas for intracompany transfers, O-1 visas for extraordinary ability individuals, J-1 and F-1 visas for students and other country-specific options ...
By: Sarah Andrzejczak On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a crucial resource for employers striving to uphold fairness and equality for all employees, irrespective of gender identity. The new guidance builds on the U.S. Supreme Court’s 2020 decision in Bostock v ...
Law No. 21.398 "Pro-Consumer", which was published on December 24th, 2021, incorporated the current Article 17 N of the Consumer Protection Act. This article establishes that, before entering a credit transaction, suppliers must analyze the economic solvency of the consumer in order to comply with the obligations arising therefrom ...
In July 2023, the World Seafood Center opened its new facility at Oslo Airport, the world’s largest refrigerated terminal for handling of fresh seafood. Large quantities of seafood are being exported from Norway every day from this terminal ...
Mamo TCV Advocates in collaboration with the Foundation for Human Resources Development (FHRD) will once again be organising the course entitled ‘Award in the Practical Applications of Maltese Employment Law’. This course shall consist of a number of lectures on various topics related to Maltese employment law including employment contracts, termination of employment, occupational health and safety matters, employee data processing and immigration issues ...
A new draft Act has recently been submitted to the Belgian Parliament that aims to amend the Social Penal Code which lists the infringements of labour and social security law that are punishable and the related penalties. The new draft Act is very ambitious, as it contemplates being the biggest reform of the Social Penal Code since the latter’s enactment ...
Bank Accounts were reinstated after Bank failed to give justified reasons for termination under AML/CFT obligations. 1. Facts of the Case APS Bank p.l.c ...
Between September 2021 and May 2022, the words 'stress', 'mental health' and 'depression' appeared in more than 12,000 early conciliation or employment tribunal cases , demonstrating the prevalence of this subject matter in employment-related disputes. Today, more than ever, employers are expected to afford greater consideration to workplace conditions that do or could impact upon employees’ mental health ...
Over a period of less than 24 hours on the 16thof April, the United Arab Emirates experienced its heaviest rainfall since records began 75 years ago, with sources recording a years’ worth of rain falling in one day. The record-breaking rains created destructive flooding and chaos. Properties in the UAE were under attack by natural elements – rain, wind and flood. Many suffered from severe flooding, rising groundwater, and water through the walls and windows as well as through roofs ...
The U.S. Equal Employment Opportunity Commission (“EEOC”) has submitted its final version of enforcement guidance on workplace harassment. We previously reported on the new guidance when it was proposed in early October of 2023. This is the first time the EEOC has updated its workplace harassment guidance since 1999. Some of the new topics addressed include remote work, the #MeToo movement and the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia ...
The 2023 Federal Budget (the ?Budget?), tabled on March 28, 2023, proposes amendments to certain provisions of the Income Tax Act (ITA) that would make ?genuine? intergenerational business transfers no longer subject to the anti-avoidance rules of section 84.1 and allow the transferor to benefit from their capital gains exemption ...
In the latest update to Kentucky’s Medical Cannabis Program (the “Program”), Governor Andy Beshear signed House Bill 829 which moved up the timeline to apply for cannabis business licenses by six months. Additionally, two emergency regulations were issued by the Program that explain how to apply for a cannabis business license ...
On April 23, 2024, the U.S. Department of Labor (“DOL”) published its final rule increasing salary threshold amounts required for certain employees to be exempt from federal Fair Labor Standards Act (“FLSA”) overtime requirements. The new rule is scheduled to take effect on July 1, 2024. Based on DOL estimates, the rule will expand overtime protection to cover more than 4 million additional workers within the first year ...
By: Leah Lively and Alexandra Shulman On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and Computer Employees,” increasing the salary threshold for an employee to qualify for exempt status under the Fair Labor Standards Act (FLSA). The final rule takes effect on July 1, 2024 ...
