In our first piece in this returning to work series, we examined the logistical issues associated with returning employees to work. In this latest segment, we will address the legal considerations underpinning the return-to-work process. 1 ...
Many believe the concept of litigation is antithetical to a sound bankruptcy practice. When I pitch "bankruptcy litigation" to corporate and litigation departments, eye rolls often abound. What do I know? What am I talking about? Why multiply expense with diminishing returns? I understand these common questions well. After all, bankruptcy lawyers, perhaps even more than some of our counterparts, tend to wax more practical in our advice ...
The EU Commission has implemented a Temporary Framework for State aid measures and provided the Member States with a toolbox of instruments to support their companies in the crisis. Germany has implemented some of these instruments. The following article takes a look at instruments that have been notified by other Member States and are also of interest to Germany ...
The Heidelberg Regional Court rejected an employee’s claim for access to information about the employer’s processing of his personal data insofar as this data is merely located in backup files of his email account. Restoring such data was said to represent disproportionate effort for the controller in this individual case (judgment of February 6, 2020 – 4 O 6/19) ...
Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers ...
Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 shutdown orders are lifted. We do not know when that date will be or how the orders will be lifted, but planning now can make that phase go smoother for building owners and managers as well as tenants in those buildings. One thing we can be certain of is that the use and operation of buildings will not be “back to normal” for a while ...
Businesses preparing to reopen amid the coronavirus pandemic and the essential businesses that have remained open through the pandemic should make a good faith effort to implement health and safety measures recommended by the federal, state, and local authorities to protect themselves from potential premises liability claims from third-parties such as customers and other non-employees entering the premises ...
In light of the social distancing orders put in place in response to the COVID-19 pandemic, Governor Andrew Cuomo signed Executive Order 202.7 on March 19, 2020 which authorized notary publics to notarize documents remotely. The initial order was in effect through April 18, 2020; however, Executive Order 202 ...
Economists predict that the Coronavirus (COVID-19) pandemic will lead to retrenchments on an unprecedented scale on the back of an already weak economy. It is likely that unions, when confronted with proposals to retrench, will approach the consultation process envisaged in section 189 and section 189A of the Labour Relations Act, 1995 (“LRA”) with more rigour. Section 189A(13) Of importance in this regard is section 189A(13) of the LRA ...
employment Update to C19 TERS and tax treatment of C19 TERS benefit Lauren Salt (ENSafrica Employment) and Arnaaz Camay (ENSafrica Tax) summarise the latest amendments to the COVID-19 Temporary Relief Scheme (“C19 TERS”), 2020 directive. They also consider the tax implications of C19 TERS benefits. Clickhereto read the full article ...
The UK’s highest court recently ruled that Morrisons, a supermarket group, was not vicariously liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100 000 members of staff. Many companies sighed in relief on hearing that the Supreme Court of Appeal did not hold Morrisons vicariously liable ...
Summary On 29 January 2020 the Court of Justice of the European Union (CJEU) gave its ruling in the long-awaited case C-371/18 Sky v SkyKick. The judgment provides for two key findings. First, it confirms that a trademark cannot be declared invalid on the grounds that the terms used to designate the goods/services lack clarity and precision ...
On April 24, 2020, the Protocol signed on March 14 2020 (the “H&S Protocol”), providing for the measures to be complied with by employers to continue the activity while ensuring the maximum degree of protection for the employees, has been amended. The amendments encompass all the sections of the H&S Protocol ...
Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Another comes as a welcome breather in an area otherwise seemingly parched for development of case law ...
As Nigeria joins the rest of the world in grappling with the COVID-19 pandemic (“the pandemic”), the Federal Government has declared a curfew in the Federal Capital Territory and two other major States as well as restricting interstate travel. Prior to this, several organizations had commenced remote working as precautionary measures against the spread of the virus ...
Presidential Directive No. 4 of 2020 (Directive) is the most recent measure taken in the DIFC to ensure proper management in the DIFC during COVID-19. The Directive, issued on 21 April 2020 with immediate effect, announced employment and workforce measures which shall stay in effect up to and including 31 July 2020 (referred to herein as COVID-19 emergency period). We will discuss in this inBrief employment measures included in the Directive ...
On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s businesses. The case Friends of Danny DeVito et al. v. Wolf et al., No. 19A1032, reaches the Supreme Court from the Supreme Court of Pennsylvania, where the petitioners’ King’s Bench petition was denied on April 13, 2020 ...
Given the impact of the COVID-19 pandemic, a large number of businesses are seeking some form of rent relief from their landlords. When negotiating a rent relief agreement, there is a balance to be struck between providing meaningful relief to a tenant so that its business has a better chance of long term survival, while still allowing the landlord to meet its ongoing obligations, which may include mortgage payments on the property, and other costs which it may not be able to defer ...
The French State guarantee of 300 billion euros scheme to secure loans granted by banks to companies affected by the Coronavirus pandemic. This was set up by Amendment to the French budget law for 2020 dated 23 March 2020[1] (completed by two arretés dated 23 March 2020 and 17 April 2020 and modified by the second amendment to the budget law dated 25 April 2020[2]) is already a success ...
In anticipation of federal and state restrictions lifting as COVID-19 cases and deaths decrease, employers should start planning their employees’ return to work now. Employers must continue to follow the CDC, WHO, and state guidance to maintain a safe workplace while also complying with multiple employment laws. The following are general considerations for employers who are strategizing their return to work ...
On April 27, 2020, members of the Ohio House of Representatives released the Open Ohio Responsibly Framework. This framework contains recommended guidelines for opening Ohio businesses beginning on or before May 1, 2020, after weeks of business closures due to the COVID-19 pandemic ...
On April 26, 2020, the U.S. Center for Disease Control and Prevention (CDC) updated its guidance to add six new symptoms of COVID-19. Based on this update, individuals should be cognizant of the new symptoms while self-monitoring for COVID-19 and employers should update their employee health screening procedures ...
Once again the national government extended the preventive mandatory isolation in the national territory. By means the Decree 593, 2020 issued by the Ministry of Interior under the sanitary emergency caused by the Covi-19, the national government extended the current mandatory isolation from April 27 at 00:00 to May 11 at 00:00. Pursuant to this Decree it is ordered to continue with the mandatory preventive isolation limiting the free circulation of individuals and vehicles ...
The Government issued new regulations setting the guidelines and adopting the biosecurity protocol for the operation of the manufacturing industry The Ministry of Work issued Resolution 675 adopting the biosecurity protocol for the management and control of COVID-19 risk in the manufacturing industry. This protocol is complementary to the protocol adopted through Resolution 666 of 2020 and to other measures adopted in each factory ...
