The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for wage purposes, followed by the Biden administration's almost immediate rescission of that rule. Gig economy workers have battled about overtime and their entitlement to it under the FLSA's definitions ...
U.S. Supreme Court nominee Ketanji Brown Jackson is not a stranger to the False Claims Act. In her eight years as a U.S. district judge for the District of Columbia, before she was elevated to the U.S. Court of Appeals for the D.C. Circuit in 2021, she handled at least two FCA cases — one about a federal grant recipient and one about a government contractor. Her decisions in these cases show a meticulous and thorough approach, with particular attention to pleading standards ...
March 24, 2022 By: Andrea Musker The Consolidated Appropriations Act of 2022, signed by President Biden on March 15, 2022, extends federal telehealth flexibilities beyond the expiration date of the public health emergency for a limited time. The public health emergency is currently set to expire on April 16, 2022, but it may be renewed for another ninety days ...
March 24, 2022 By: Karen N. George and Andrew H. Selesnick The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the dispute resolution process in the NSA will therefore not apply to DMHC claims ...
In the midst of a new wave of COVID-19 infections, the Cabinet of Thailand approved the draft of a new regulation on March 1, 2022, referred as the Draft Announcement of the Eastern Economic Corridor Policy Committee (“EEPC”) Re: Incentives for Business Operator in the Promotion Zone for Specific Industries B.E … ...
Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction Scheduled for April 8, 2022, with each side being afforded 15 minutes for argument. It appears that oral argument may be livestreamed by the 11th Circuit. Injunction Against Federal Contractor Vaccine Mandate Oral argument held on the United States’ appeal of a federal district court judge’s December 7, 2021, decision in Georgia v. Biden, Case No ...
A new regime The UK has introduced a new regime which, from 4 January 2022, requires purchasers to obtain prior approval for transactions in certain specified sectors ...
Welcome to the COVID-19 Inquiry Spotlight Sessions. Brought to you by the Regulation, Business Crime and Compliance team at UK law firm Shoosmiths, this podcast series will explore the key topics associated with a Public Inquiry. We will help you to understand how the COVID-19 Inquiry might affect you and your business, and we will be joined by special guests who will deliver a specialist viewpoint on some of the topics ...
The Autorité des marchés financiers (AMF) has recently published a study that it conducted with the largest active insurers in the Quebec insurance industry, entitled ?Critical Illness Insurance Supervisory Report?1 (hereafter the ?Report?) ...
Businesses do not particularly enjoy uncertainty, especially regarding tax matters. The prospect of a tax audit, even when no significant exposure is anticipated, can be daunting. If a problem is known to lurk in the shadows, the prospect of a tax audit can be beyond terrifying. In Cambodia, attempting to wait out the applicable statute of limitations for the General Department of Taxation (“GDT”) to conduct an audit and issue an assessment is often a fool’s errand ...
On 10 March 2022, the Cabinet Office published the long-awaited draft Terms of Reference for the UK COVID-19 Inquiry.1 In this article we consider the implications for businesses impacted by the pandemic and how they may wish to get involved in the Terms’ finalisation. Terms of Reference are critical to a public inquiry as they define its scope and purpose ...
The Economic Crime (Transparency and Enforcement) Act received Royal Assent on 15 March 2022. Its effects will be felt far and wide across the UK real estate industry. We explained in our article Economic Crime Bill – what it means for real estate, that the aim of the new Act is to crack down on foreign criminals using UK property to launder money ...
In March of 2021, Dinsmore published a client alert titled “Chapter 19 of HUD’s New MAP Guide – Initial Takeaways for Lenders and Borrowers.” In that article, we offered our observations about new requirements in the MAP Guide and predicted how those requirements might impact the loan closing process ...
Has the company an updated overview of current processing in 2022? The companies must have an overview of their processing activities, and it is important that this is up to date ...
The No Surprises Act (Act), which became effective Jan. 1, 2022, is the latest health care law passed with the best of intent: to create consumer protection from unexpected out-of-network medical bills and to create a federal independent dispute resolution (IDR) process to resolve payment disputes between payers and out-of-network providers. Unfortunately, the Act, especially the U.S ...
The Ohio House of Representatives passed HB 447 in February, 2022 and the bill is now pending approval by the Ohio Senate. If passed, this bill could expand the definition of a work injury to include some injuries sustained in the employee’s own home, provided certain criteria are met. Certainly, the precipitating reason for this proposed bill is the recent increase in remote and telework arrangements as a result of the COVID-19 pandemic and its repercussions ...
March 21, 2022 By Michelle Meek On March 18, 2022, the U.S. House of Representatives passed the CROWN Act (H.R. 2116). The Creating a Respectful and Open World for Natural Hair (CROWN) Act explicitly prohibits discrimination in employment on the basis of hair texture or hairstyles commonly associated with a particular race or national origin ...
On 12 August 2020 a tragedy occurred on Scotland’s railways. A passenger train, already turned around due to blockages on the line, derailed. Three people tragically lost their lives. After months of investigation the Rail Accident Investigation Board (“RAIB”) has released its formal report into the incident. The report details a number of failings, which led to the tragedy ...
This article was first published in AmCham Thailand T-AB Magazine (March 2022 Issue): https://www.amchamthailand.com/t-ab-magazine/ After nearly two decades in the making, the Personal Data Protection Act B.E. 2561 (“PDPA“) was published on May 27, 2019. Ostensibly inspired by the EU General Data Protection Regulation, the PDPA was slated to go fully effective in June 2022 following a two-year delay due to COVID-19 outbreak ...
On 17 March 2022, the Belgian Act transposing the ECN+ Directive and also introducing further amendments into the Belgian Competition Act entered into force. It has introduced merger filing fees, fines for failure to notify mergers and a number of procedural changes that allow a more efficient enforcement and an improved cooperation within the ECN Network ...
On 14 March 2022 in Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 the Court of Appeal gave further guidance on the extent of the Quincecare duty owed by banks to their customers. What is a Quincecare duty? It is well established that banks have a duty to use reasonable skill and care in carrying out customers’ orders which includes not complying with instructions if they have reasonable grounds for believing the order was an attempt to misappropriate funds ...
What we know about the cybersecurity risks arising from the Ukraine, steps UK organisations should consider taking now, the insurance position and novel issues that might arise from Ukraine-linked cyber attacks. What has been happening? A few weeks into the war in Ukraine the cybersecurity implications for companies in the UK remain unclear, but some trends are emerging: Initial state sponsored activity seems purely to be targeted by Russian groups at Ukraine and vice versa ...
In association with Macmillan Davies and led by Employment Partner, Emma Morgan and Associate, Lauren Bholé, this webinar focused on the “right to disconnect”. From February 2022, Civil servants in Belgium now have a legal right to disconnect so that they can no longer be contacted by their employer outside of working hours ...
