As Secretary of Labor Hilda Solis informed a convention of safety engineers last year, “Make no mistake about it: The Department of Labor is back in the enforcement business.” In 2010, current OSHA enforcement statistics confirm this promise and reveal unprecedented levels of enforcement ...
Despite entering into arbitration agreements with their employees, employers all too often find themselves in court adverse to the very employees who have signed an arbitration agreement. The U.S. Supreme Court recently issued three arbitration decisions that have important implications for employers seeking to avoid the inside of a courtroom. First, in Stolt-Nielsen S.A. v. AnimalFeeds International Corp ...
On March 18, 2010, administrative judge Richard Hudon, of the Comission des lésions professionnelles (hereinafter, the “Comission”), rendered a very interesting decision in the case of Côté et Traverse Rivière‑du‑Loup St‑Siméon (2010 QCC LP 2074) by ruling that section 56 of the Act respecting Industrial accidents and occupational diseases (hereinafter, the “ARIA OD”) is discriminatory within the meaning of the Charter of human rights and freed
An almost universal feature of commercial loan agreements is the inclusion of representations and warranties regarding the financial statements and condition of the borrower. A recent case examined whether under New York law, sophisticated lenders can reasonably rely upon such representations in asserting claims of fraud instead of being required to make an independent investigation into the books and records of the Borrower. In DDJ Management LLC, et al v. Rhone Group L.L.C ...
The financial crisis of 2008 and the subsequent recession have taken their toll on the funding of all infrastructure projects and the renewable energy sector has not been immune to its effects. Banks and public finance institutions were increasingly reluctant to advance loans for projects, as preserving capital resources became critically important to help ensure their survival in the financial and economic maelstrom ...
Technology, the final frontier. These are the voyages of the U.S. Supreme Court. Its current mission: to explore strange new electronic communication devices; to boldly go where no court has gone before ...
A new feature of the civil justice reform system came into effect on 1 January 2010, nine months into the revamp. Steven Yip and James Yeung report that the introduction of mediation, as prescribed by Practice Direction 31 ('PD 31'), is expected to have a profound impact on the way parties conduct cases ...
Government contractors and subcontractors now have a new, unsavory obligation. On January 30, 2009, President Obama signed Executive Order 13496 – which requires government contractors and subcontractors to post a notice informing employees of their right to engage in concerted, collective activity. On May 20, 2010, the Department of Labor (“DOL”) issued its Final Rule to implement Executive Order 13496 ...
Which group of creditors is entitled to the money held by a monitor for purposes of carrying out a plan of arrangement under the Companies’ Creditors Arrangement Act (“CCAA”) when the debtor goes bankrupt prior to the distribution: only the creditors covered by the plan of arrangement, or all of the creditors, even those not covered by the plan, for example, subsequent creditors? This controversial issue was considered by Judge Jean-Yves Lalonde in
Dear Sirs, The Government of the Russian Federation approved the draft bill on amendments to Code on administrative offences of the Russian Federation and Federal Law “On legal status of foreign citizens in the Russian Federation”. According to this draft bill the liability for a foreign citizen will be imposed on the host party ...
Dear Sirs, The amendments to the Federal Law “On legal status of foreign citizens in the Russian Federation” are to come into force on July 1, 2010. These amendments are aimed at facilitation of migration rules for certain categories of employees and at improvement of investment climate in Russia ...
With the kick off of the 2010 FIFA World Cup imminent, employers will be dreading the onset of sickies, absenteeism and headaches which is sure to follow. What can employers can do to avoid scoring an own goal? The World Cup can bring out the best and, unfortunately, the worst in people. The competitive atmosphere can magnify animosity or even racial tension within the workplace with problems for both staff and employer ...
a recent Superior Court decision rendered in the Province of Quebec is of interest. This decision rendered by Judge Jean-François Emond, sitt ing in Bankruptcy division for the Superior Court in the District of Quebec City, deals with a Progress Payment Agreement and a Mast er Lease Agreement between a financing company, Maxium Financial Services Inc. (hereinafter: “Maxium”) and a golf cart rental company, Desrosiers Golf Inc. (hereinafter: “Desrosiers”) ...
Citing an independent cost of service study’s findings that the U.S. Government is not fully covering its costs for the processing of visas, the Department of State has announced its intention to increase visa fees. The rule, which will go into effect on June 4, 2010, would increase fees for certain non-petition-based nonimmigrant visas and some Border Crossing Cards ...
Shoosmiths - EnglandWhat is disclosure? It is the stage of a dispute when each party is required to disclose to the other party the documents relevant to the issues in dispute. It normally takes place after each party has set out its position in their statement of case ...
Rolling out OSHA’s semiannual regulatory agenda on April 26, 2010, Secretary of Labor Hilda Solis unveiled several action items being marketed as the “Plan, Prevent, and Protect” enforcement strategy. According to the Secretary, employers too often take shortcuts affecting worker safety and, therefore, must plan for workplace hazards, prevent them, and protect their employees ...
As of 6 April 2010, the sick note will change and become the fit note, allowing doctors to advise on how employees may be able to return to work. Employers must not be mistaken with how this new regime fits with the existing reporting procedures under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) for over three day injuries ...
On April 16, 2010, the Quebec Court of Appeal issued a judgment concerning the right of a general partnership (“S.E.N.C.”) to file for assignment under the Bankruptcy and Insolvency Act (the “BIA”) without its partners having also filed for the assignment of their assets, themselves ...
Maintaining cash flow is a significant challenge in the current economic climate. What started as a 'credit crunch' is now a real squeeze for business - with customers trying to defer payment terms while suppliers apply pressure for earlier payment. Pre-contract Truly effective credit management begins at the pre-contractual stage, as this is usually the point of greatest leverage with the customer ...
The escalation of fierce competition among companies for more cost effective products and services has raised discussions about Social Dumping, a curious combination of a traditional pure economic concept with labour and employment regulation ...
The Quebec Court of Appeal issued a judgment concerning the right of a general partnership (“S.E.N.C.”) to file for assignment under the Bankruptcy and Insolvency Act (the “BIA”) without its partners having also filed for the assignment of their assets, themselves ...
On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), which President Obama signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years. The House and Senate also passed a separate bill, the Health Care and Education Reconciliation Act of 2010 (“HCERA”), which President Obama signed into law on March 30, 2010 ...
USCIS has issued a notice to assist those non-immigrants stranded in the U.S. due to European airport closures resulting from the Icelandic volcano eruption. The notice addresses those who are about to exceed their authorized stay in the U.S., which is noted on their I-94 or I-94W arrival/departure record. Those who have entered the U.S. under a visa are directed to contact their local USCIS office and to file an extension of status application before their authorized stay expires ...
