This has been driven by a rise in flexible working arrangements and the so-called 'gig economy' as well as by employers seeking creative ways to reduce costs in a restrained economic environment. With this in mind, the Employment Act 2000 was amended in 2021 to allow the Ministry of Economy and Labour to publish guidance to assist in determining whether a person is an employee or an independent contractor ...
On the 14th of February 2023, the General Department of Taxation (“GDT”) issued Notification 5367 (“Notification 5367”), which provides the 2022 market interest rates for Employee Loans in accordance with Article 15 of Prakas 543 on Tax on Salary and Instruction No. 7015 GDT dated 13 March 2020. The market interest rates for 2022, based on the average of eleven (11) commercial Cambodian banks, are as follows: USD – 8.35% per annum Khmer Riel – 8 ...
The Massachusetts Superior Court recently punished litigants for failing to preserve emails and text messages even though litigation did not appear likely when those materials were lost or destroyed. In JFF Cecilia LLC, et al. v. Weiner Ventures, LLC, et al., the trial and appellate courts clarified the rules applicable to spoliation and provided a reminder of the harsh consequences of losing or destroying evidence ...
February 16, 2023 By: Kathryn B. Fox and Charles Whitman Once again, California employers can require workers to sign arbitration agreements as a condition of employment. Following the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana and in a reversal of its own prior decision, a divided three-judge Ninth Circuit panel found that AB 51 is preempted by federal law. Chamber of Commerce of the U.S., et al. v. Bonta, et al., No. 20-15291 (9th Cir. Feb. 15, 2023) ...
The number of knife offences is going down but are still higher than at the start of the pandemic. Will the new Sentencing Guidelines for sales of knives to those younger than 18 (which come into effect on 1 April 2023) reduce the number further? Certainly, that would appear to be the intention of the Guidelines which significantly increase the potential consequences for retailers who break the law ...
Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2022 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In 2022, the government continued to utilize the False Claims Act as its primary tool to combat fraud. Though the government’s recoveries at $2 ...
When terminating employees and senior executives, including in case of a conflict, the main focus should be on negotiating separation terms and concluding a mutual termination agreement (“MTA”). However, protecting the company’s interests and ensuring that any related processes are legally compliant and unhindered, entails a much wider range of issues and actions that need to be considered prior to and once the agreement with an employee has been reached ...
February 13, 2023 By: Thomas M. O’Connell, Jennifer M. Misetich, and Kathryn B. Fox Each New Year in California comes with several new laws that impact the workplace, including those in the franchising industry. With each year that passes, the California Legislature reminds us that their intent is to provide employees across our state with vast worker protections and rights, placing a greater burden on employers to maintain legal compliance. This year is no different ...
CyWee Grp. Ltd. v. Google LLC, Appeal No. 20-1565 (Fed. Cir. Feb. 8, 2023) In its only precedential patent case this week, the Federal Circuit addressed last gasp efforts by CyWee to salvage its IPR losses to Google. The arguments, residual Appointments Clause arguments following Supreme Court and Federal Circuit opinions in Arthrex, Inc. v. Smith & Nephew, were rejected by the Court, which affirmed. In June 2018, Google filed petitions for IPR. The Board instituted the IPRs ...
Introduction In recent times, the Court has been asked to hear cases where a General Partner ("GP") has failed to discharge its duties in relation to the affairs of an ELP. Without the co-operation of the GP, Limited Partners are often left bereft of information relating to assets of the ELP. They cannot properly realize their investments under the ELP and, even if they can, there is a spectre of doubt over whether the distributions represent their full entitlement in the assets of the ELP ...
Employees terminated in the frame of a collective lay-off may participate in a redeployment cell, which helps them to find new employment. Any participating employee is entitled to a monthly reorientation indemnity equal to his/her salary inclusive benefits during a period of 3 or 6 months. The employer pays the reorientation indemnity ...
The Supreme Court has this week (8 February 2023) handed down a judgment considering whether landlords have management discretion to vary service charge percentages in residential leases. S.27A(1) of the Landlord and Tenant Act 1985 (the Act) gives the First-tier Tribunal (FtT) the ability on application to make various decisions about service charges in residential dwellings, including whether it is payable or not ...
Dear Colleagues, Due to changes to the migration law that took effect on 29 December 2021 and have been modified several times since then, ALRUD has updated the checklist below. This checklist will be useful for foreign nationals, company managers, HR directors, compliance officers, as well as heads of legal departments and other persons interested in or responsible for hiring foreign workers in Russia ...
[[{"type":"media","view_mode":"media_large","fid":"13510","attributes":{"alt":"","class":"media-image","height":"411","typeof":"foaf:Image","width":"480"}}]] Definitions: "LCF Law" means The Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. "Notice" means the Guernsey Financial Services Commission's Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 ...
February 9, 2023 By: Michael Flynn According to a Chicago federal district court, the Equal Credit Opportunity Act’s loan discrimination provisions to not extend to alleged discrimination against prospective applicants. Relying on the express language of the ECOA statute, this ruling rejected a decades-old Regulation B rule that stated that ECOA did apply to conduct toward prospective applicants ...
As an employer, how do you support your employees who are going through a divorce or separation? Lots of employers (including household names such as Asda, Tesco and Unilever) are working with Positive Parenting Alliance (PPA) to ensure that they have more family-friendly employee policies in place for employees going through divorce or separation ...
In re: Google LLC, Appeal No. 2023-101 (Fed. Cir. 2023) In the Federal Circuit’s only precedential patent opinion this week, the Court granted mandamus reversing yet another decision by Western District of Texas Judge Alan D. Albright refusing to transfer a patent case out of his court, which (like several of Judge Albright’s prior decisions) denied transfer to the U.S. District Court for the Northern District of California ...
In a recent Freedom of Information (FOI) release, HMRC announced that it has nine live corporate criminal offence investigations, with a further 26 live opportunities currently under review. The investigations span 11 different business sectors, including software providers, labour provision, accountancy and legal services and transport. No charging decisions have yet been made ...
A landmark judgment was handed down yesterday (1 February 2023) by the Supreme Court in Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent) [2023] UKSC 4. In its judgment, the Supreme Court has allowed the appeal by the residents of Neo Bankside, meaning that the Tate is liable to them in nuisance. Background The case centred around glass-walled flats high above the South Bank in London ...
The opportunity to hire temporary personnel to the same extent as temporary employment in order to cover a temporary need has been repealed. This means that there will no longer be access to hire employees from staffing companies on the grounds that the work is of a temporary nature ...
On 24 January 2023 the government launched a consultation seeking feedback on its draft statutory Code of Practice on Dismissal and Re-engagement (sometimes known as “fire and rehire”). The consultation remains open until 18 April 2023. The draft code does not apply to redundancy situations ...
Back in July 2021, the Women and Equalities Committee produced a report on menopause in the workplace. The report recommended that the Government amend the Equality Act 2010 to include menopause as a protected characteristic and make it an obligation for employers to provide reasonable adjustments for staff going through the menopause. The report also put forward a proposal for dual discrimination claims to be allowed at employment tribunals ...
With effect from 1 February 2023, the index applicable to employee wages increases from 877.01 to 898.93, resulting in a 2.5% increase in gross salary paid to individuals with employment contracts subject to Luxembourg law. Wage indexation is an automatic mechanism to adjust salaries in line with evolving living costs, as determined by STATEC[1]. Salaries are automatically raised when the cost of living increases by at least 2.5% ...
