During the month of July of the current year, three relevant labor laws have been published in the Official Gazette: 1) Law No. 20,761 that extends the right of feeding children to working fathers and establishes new regulations regarding maternity.On July 22nd, 2014 the Law No. 20,761 was published in the Official Gazette ...
Loose lips sink ships. They also can sink the protections of the attorney-client privilege. A case in point is a recent decision from the Southern District of Florida. Guarantee Insurance Co. v. Heffernan Insurance Brokers, Inc., Case No. 13-23881-CIV (S.D. Fla. June 13, 2014). In that case, Guarantee Insurance had been sued for the alleged bad faith handling of a worker’s compensation insurance claim ...
Five years after the enactment of Decree 330/2009 that regulated Law No 18.360 referred to the obligation of providing, on both public spaces and private spaces with influx of people, with Automatic External Defibrillators (AED), we remind you that the general obligation of instructing personnel about Basic Cardiac Resuscitation (BCR) technics is now effective ...
On December 12, 2013, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures1 (“Bill C-4”) received royal assent. Bill C-4, which consists of more than 300 pages, proposes a significant number of legal amendments, some of which relate to the Canada Labour Code2 (“CLC ”). On June 18, 2014, the amendments were set to take effect on October 31, 2014 ...
In Québec, the objective of the Act Respecting Occupational Health and Safety1 (the “Act”) is the elimination, at the source, of dangers to the health, safety and physical well-being of workers. Recently, the Supreme Court of Canada rendered a decision in the Dionne v ...
The National Labor Relations Board’s (“NLRB” or the “Board”) general counsel Richard Griffin announced July 29, 2014 that he had authorized complaints in 43 unfair labor practice cases alleging that franchisor McDonald’s, USA, LLC is a joint employer with its franchisees ...
On July 25, 2014, the Supreme Court of Canada rendered its decision in Québec (Commission des normes du travail) v. Asphalte Desjardins inc.1 In this ruling, which overturned a judgment by the Québec Court of Appeal,2 the Supreme Court concluded that an employer who receives notice of termination within a reasonable time period, as stipulated under article 2091 of the Civil Code of Québec3 (“C.C.Q ...
This decision of the Superior Court of Québec addresses a pregnant worker’s right to preventive withdrawal where said worker is employed by a business under federal jurisdiction.1 In this case, questions of constitutional jurisdiction were raised and the Superior Court confirmed that article 36 of the Québec Act Respecting Occupational Health and Safety2 (the “Act”) is not applicable to businesses under federal jurisdiction ...
The U.S. Supreme Court during its 2013-2014 term decided on six patent cases, the last on June 19, 2014. These cases will have significant consequences for companies as they work to advance their strategy for protecting their intellectual property. The following summary provides highlights of each case. Medtronic Inc. v. Mirowski Family Ventures LLC Question: First some background: The Supreme Court in MedImmune, Inc. v. Genentech Inc., 549 U.S ...
THE FACTS Wal-Mart Canada Corporation (hereinafter “Wal-Mart”) opened its Jonquière establishment in 2001. After the United Food and Commercial Workers, local 503 (hereinafter the “Union”), was certified to represent the employees in 2004, negotiations were initiated in view of concluding a first collective agreement ...
The Parliament of the Republic of Serbia adopted Amendments to the Labour Law (the “Law”) on 18 July 2014. These amendments are long awaited and have been avidly discussed for some time due to divided public opinion. The Law will come into force 8 days after it is published in the “Official Gazette of the Republic of Serbia”. Main novelties introduced by the Law are: Definite term employment The maximum duration of definite term employment has been extended to 24 months ...
SOMMAIRE Nominee in the context of litigationUse of a nominee by limited partnershi8ps and trusts for holding immovablesVoluntary registration for GST and QST purposes by a nomineeImmovables held by a nominee: issues with respect to consumption taxes NOMINEES IN THE CONTEXT OF LITIGATION Léa Maalouf In commercial matters, it frequently happens that two persons agree to hide their true intent from third parties and express such intent in a secret contract (or counter letter), while
The Commission des relations du travail, both in its initial decision and on review, dismissed the complaints challenging the dismissal of an employee despite the absence of prior disciplinary measures. The complainant, who was hired in April 2011, held a position as an administration technician for the Human Resources Department of a CHSLD. In 2004, the complainant sought a position as staff management officer ...
According to the Court of Justice of the European Union (CJEU), commission should be taken into account when calculating holiday pay (see Lock v British Gas). At the end of July, the Employment Appeal Tribunal will consider whether voluntary and/or regular overtime and emergency call-out payments, should also be taken into account when calculating holiday pay (see Neal v Freightliner) ...
In March 2013, the Florida Supreme Court issued a seminal decision for businesses and commercial litigators, Tiara Condominium Association Inc. v. Marsh & McLennan Companies, 110 So. 3d 399 (Fla. 2013), in which it expressly limited the applicability of the economic loss rule to products liability cases. For decades, Florida courts had applied the economic loss rule to prohibit a party in contractual privity from seeking to recover economic damages arising from the contract ...
A parliamentary Act of 26 December 2013 fundamentally altered the Belgian rules for dismissals. It harmonised the dismissal rule for blue-collar and white-collar workers and obliged the employer to give a reason for the dismissal. Furthermore, it removed the insecurity felt by many employers when dismissing white-collar employees ...
The International Swaps and Derivatives Association, Inc. (“ISDA”) has published a form of amendment to the 1992 and 2002 ISDA Master Agreements intended to address continuing uncertainty regarding the condition precedent set forth in Section 2(a)(iii) of both such Master Agreements (“Section 2(a)(iii)”) ...
In 2014, the Governor of Jakarta issued updates on the Jakarta Minimum Wage through the following regulations: Regulation No.54 of 2014 on the Minimum Sectoral Wage in the Province for 2014. Adjustments were made for the following industries under Regulation 54, namely Cosmetics, Automotive, Canned foods, Pharmaceuticals, Hospital Services, Radio and television, audio and visual recording devices; and Electronic household goods ...
On 26 March 2014, the Minister of Manpower and Transmigration (“Minister”) issued Circular Letter No. SE.3/MEN/III/2014 on The Implementation of Mandatory Manpower Reports by Companies (“Circular Letter”). The Circular Letter instructs all Governors and Regents/Mayors that all regional manpower offices within their jurisdiction, are to simplify the process of receiving and processing companies’ mandatory ‘manpower reports’ ...
The Financial Services Authority (“OJK”) recently issued Circular Letter No. 2/SEOJK.07/2014 on Services and the Settlement of Complaints from Consumers of Financial Service Businesses (“Circular Letter”) to implement OJK Regulation No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector (“Regulation”) ...
The Financial Services Authority (“OJK”) issued Regulation No.3/POJK.02/2014 on the Procedure for Collecting Fees charged by the Financial Service Authority (“OJK Regulation”) on 1 April 2014. The OJK Regulation provides guidelines for the OJK’s collection of fees from financial services institutions and financial services industry support professionals and their firms (Public Accounts, Public Assessors, Legal Consultants, Notaries, Actuaries) ...
The numbers have been crunched and we have a winner! The United States District Court for the Eastern District of Virginia — known nationally as the “Rocket Docket” — had the fastest trial docket in the country in 2013. Once again. For the sixth year in a row. The median time interval to trial for the 12-month time period ending March 31, 2013, (the most recently released data) is 11.1 months. That’s 11 ...
