Effective August 1, employers with more than five employees working in the City of San Antonio must provide to all such employees paid sick leave (“PSL”) of up to 64 hours per year (for employers with more than 15 employees) or 48 hours (for employers with 15 or fewer employees) for a variety of reasons related to themselves or family members; employers with five or fewer employees are not required to comply with the PSL ordinance until August 1, 2021 ...
In the past few years, the Indian Government has realised that its justice delivery system especially in respect of commercial disputes needs to keep pace with India’s economic growth. Though the Indian Arbitration and Conciliation Act, 1996 (“Act”) is based on the UNCITRAL principles, judicial decisions had virtually obliterated the original intent of the Act and gravely undermined its avowed objective of expeditious dispute resolution ...
The international transfer of personal data is part of daily business for many companies. They work with international service providers, have affiliates abroad or cooperate with foreign customers and suppliers. The General Data Protection Regulation (“GDPR”) provides a narrow scope for transferring personal data to non-EU countries. According to art ...
Under Dutch corporate law it is possible for the Enterprise Section of the Amsterdam Court of Appeal to order an inquiry into the policies and affairs of a company and to interfere with the internal organization of such legal entity in order to settle corporate disputes between shareholders, the management and supervisory boards and the works council. The present article creates an overview of these legal proceedings. 1 ...
Dating back to the historical conquests of Alexander the Great in the years 300 B.C., which provided an unprecedented foundation for commercial exchanges between Macedonia, Persia and Egypt, along with the Mongolian Empire’s ambitious Silk Road that ensured, since 130 B.C ...
On June 17, the Supreme Court declined to overturn the Dual Sovereign Doctrine, maintaining individuals may be prosecuted under both federal and state law for the same criminal conduct. The Court’s decision was a loss for Petitioner Terance Martez Gamble, who had been prosecuted twice for illegal possession of a firearm, first in state court and then in federal court. In 2008, Gamble pleaded guilty to felony robbery in the state of Alabama ...
In May 2019, the South African Proposed Regulations Pertaining to the Financial Provision for the Rehabilitation and Remediation of Environmental Damage caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations, 2019 (the “2019 Regulations”) were released for public comment ...
Section 187(1)(c) of the South African Labour Relations Act, 1995 (“LRA”) has always been controversial because of the interplay between the definition of automatically unfair dismissals, employers’ rights to terminate contracts of employment on the basis of operational requirements and the institution of collective bargaining ...
The Twenty-first Amendment—which repealed Prohibition—gives states broad authority to regulate alcohol within their borders. But can states impose residency requirements on alcohol retail licensees? The U.S. Supreme Court, by a vote of seven to two in Tennessee Wine and Spirits Retailers Ass’n v. Thomas, answered no. As state alcohol regulators adjust their licensing processes to comply with the ruling, retailers and wholesalers may see changes in the alcohol market ...
The DIFC Small Claims Tribunal (SCT), a branch of the DIFC Courts, has in a rare (if not first of its kind) judgement, pierced the corporate veil of a DIFC incorporated company to look into its shareholding and key individuals in the case of AS World Group Holding Ltd. Vs Anna Calkins [DIFC SCT 116/2019]. Overview of dispute AS World Group Holding Ltd (Claimant), filed proceedings against Ms ...
On Monday, June 3, Governor Gretchen Whitmer and the Michigan Department of Agriculture and Rural Development (MDARD) announced MDARD’s decision to allow for commercial solar energy development on land currently enrolled in the Farmland and Open Space Preservation Program, commonly known as PA 116. PA 116 was established in 1975 and is designed to preserve farmland and open space in Michigan ...
(2017/0355 (COD)) On 16 April 2019, the European Parliament adopted a new Directive aimed at ensuring transparent and reliable working conditions for employees in the area of crowdworking. On 13 June 2019, the Council of Ministers also adopted the Directive. In the following the main content of the new Directive ...
Federal Labor Court (Bundesarbeitsgericht; BAG) dated February 19, 2019 – 3 AZR 150/18 A clause in a preworded pension commitment stipulating a minimum of ten years of marriage as per the date of death as a prerequisite for the disbursement of survivors’ benefits violates German general terms and conditions law and is thus void and invalid ...
In order to make Germany more appealing to skilled international workers and meet the increasing demand for skilled workers by way of labor-based migration, the German Parliament (Bundestag) adopted the Skilled Worker Immigration Act (FEG) on June 7, 2019. The Act is expected to become effective in early 2020. The administrative obstacles for non-EU citizens have been rather immense when it comes to being employed in Germany ...
State Labor Court (Landesarbeitsgericht; LAG) Baden-Württemberg dated December 20, 2018 - 17 Sa 11/18 Pursuant to Art. 15(1) GDPR, the employee may request information and a copy of the personal information which the employer has recorded of him/her. A general refusal by the employer to provide information or hand over the information due to justified third-party interests is not sufficient, but must be adequately explained by the employer ...
German State Labor Court (Landesarbeitsgericht; LAG) of Cologne, decision dated April 9, 2019 – 4 Sa 242/18 In their decision dated April 9, 2019 (4 Sa 242/18), the Cologne LAG implemented the requirements of a high-profile decision by the European Court of Justice (ECJ) made in November 2018 according to which a directive-compliant interpretation of Sec ...
FACTS OF THE CASE The plaintiff and the defendant, who operates a horse-riding facility, agreed on a three-month internship for career orientation (professional horse farmer; Pferdewirt). The internship started on October 6, 2015. The plaintiff was involved in saddling and cleaning horses, putting them on a belt, feeding them, taking them to the pasture and back, and helping with stable cleaning. During the period from November 3 to 6, 2015, the plaintiff was ill and not fit to work ...
Four years ago, trademark owners who sought to register brands considered “immoral,” “scandalous,” or “disparage[ing]” would have, under a prohibition in 15 U.S.C. §1052(a), received a firm rejection from the United States Patent and Trademark Office (USPTO). Under this regime, brand owners seeking to register, for example, holy figures in connection with alcohol or creatively named rooster-shaped lollipops, were out of luck. (See, e.g ...
On 12 June 2019, the Dubai International Financial Centre (the DIFC) announced the enactment of DIFC Law 2 of 2019 (the New DIFC Employment Law) to replace the existing DIFC Law 4 of 2005 (the Old DIFC Employment Law). The New DIFC Employment Law is to come into force on 28 August 2019 and will directly affect almost 24,000 employees based in the DIFC ...
On 18 June 2019, the Council for Arbitration Development at the Ministry of Justice of the Russian Federation, authorized Vienna International Arbitral Centre («VIAC») to administer arbitration disputes with the seat (place of the arbitration) in Russia. According to Secretary General of VIAC, Dr. Alice Fremuth-Wolf, the arbitration institution receives approximately 60 – 70 claims per year, with 5 – 7 involving Russian parties ...
On 18 June 2019, the Council for Arbitration Development at the Ministry of Justice of the Russian Federation, authorized Vienna International Arbitral Centre (“VIAC”) to administer arbitration disputes with the seat (place of the arbitration) in Russia. According to Secretary General of VIAC, Dr. Alice Fremuth-Wolf, the arbitration institution receives approximately 60 – 70 claims per year, with 5 – 7 involving Russian parties ...
On 18 June 2019, the Council for Arbitration Development at the Ministry of Justice of the Russian Federation, authorized Vienna International Arbitral Centre («VIAC») to administer arbitration disputes with the seat (place of the arbitration) in Russia. According to Secretary General of VIAC, Dr. Alice Fremuth-Wolf, the arbitration institution receives approximately 60 – 70 claims per year, with 5 – 7 involving Russian parties ...
It is here. The German Trade and Business Secrets Law (Geschäftsgeheimnisgesetz; GeschGehG) came into effect on April 26, 2019. Companies wishing to ensure protection of their business and trade secrets (such as customer, supplier and staff lists) in the future are required to take and document appropriate non-disclosure measures. This is effective immediately ...
Federal Labor Court (Bundesarbeitsgericht; BAG) dated January 23, 2019 – 7 AZR 733/16 The unfounded limitation of the term of an employment contract, when an employee is employed again by the same employer, is only permissible when and if the application of the prohibition of unfounded fixed-term employment under Sec. 14(2) s. 2 Part-Time and Fixed-Term Employment Law (Teilzeit- und Befristungsgesetz; TzBfG) would be unreasonable for the parties ...
