The Social Security Administration (SSA) confirmed it resumed issuing “No-Match Letters” in March 2019. Officially called Employer Correction Requests, No-Match Letters inform an employer that the information reported on an individual employer’s W-2 form (or an employer’s quarterly tax filing) does not match the SSA’s records ...
On April 9, 2019, Gov. Matt Bevin signed into law the Kentucky Pregnant Workers Act (KYPWA), which expands protections for pregnant employees under the Kentucky Civil Rights Act, KRS 344.010, et seq. Reasonable Accommodations for Pregnancy Effective June 27, 2019, employers with 15 or more employees in Kentucky in at least 20 calendar weeks in the current or preceding year will be required to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions ...
Due to the GDPR, the Hungarian Parliament passed a law on 1 April concerning changes to a number of acts containing data protection provisions. The Hungarian Labour Code is one of the laws that has been changed. The new law is expected to be published soon and its rules, which affect quite a number of data controllers, will become applicable on the 15th day following their publication. It can be expected that the new rules will become effective around 1 May ...
A recent decision by the National Labor Relations Board (NLRB), Ridgewood Health Care Center, Inc. (Ridgewood), has changed how the Board will define a “perfectly clear successor” when evaluating whether an employer is bound by an existing collective bargaining agreement (CBA) after acquiring another business ...
In a recent case involving a health care facility, the NLRB issued a 3-1 decision that significantly changed a successor employer's bargaining obligations before imposing the initial terms and conditions of employment on a unionized workforce. While seemingly favorable to employers, the decision also serves as a reminder to companies that they should act cautiously and consult with counsel before they take over a business with a unionized workforce ...
In a recent case involving a health care facility, the NLRB issued a 3-1 decision that significantly changed a successor employer's bargaining obligations before imposing the initial terms and conditions of employment on a unionized workforce. While seemingly favorable to employers, the decision also serves as a reminder to companies that they should act cautiously and consult with counsel before they take over a business with a unionized workforce ...
The recent decision of the FOPH (FOPH, decision of 11.12.2018 - 1 ABR 13/17) gives additional grounds for further clarifying the practical question of to what extent the conduct of an employee survey is subject to worker participation by the works council. The Respondent - a parent company of a postal and logistics company - has been carrying out an annual Group-wide employee survey since 2007 using a standardized electronic questionnaire ...
Federal Labor Court, ruling of 19 December 2018 - 7 AZR 70/17 The provision of Sec. 41 p. 3 Social Code (SGB) VI allows employers and employees to postpone the termination of the employment relationship upon reaching the regular retirement age of the employee. According to a ruling of the German Federal Labor Court (BAG) of 19 December 2018 (Ref. 7 AZR 70/17), this regulation is compatible with higher-ranking law ...
FOPH of March 19, 2019 - 9 AZR 362/18 The statutory leave entitlement according to Sec. 1, 3 Federal Leave Act (BUrlG) also exists for the period of parental leave, but may be reduced by the employer pursuant to Sec. 17 (1) (1) Federal Parental Allowance and Parental Leave Act (BEEG). This requires a legal declaration completed upon receipt aimed at reduction. Sec. 17 (1) BEEG is in line with EU law ...
(FOPH, Ruling of 12.13.2018, 2 AZR 378/18) In a very helpful decision for the practice, the FOPH has commented on the procedure for consulting with the representative body for severely disabled persons before dismissals. It is sufficient for the employer to consult the representative body for severely disabled persons before notice of dismissal in accordance with the basic principles applicable to the participation of the works council pursuant to Sec ...
At European and national level, discussions have been going on for years on how best to protect the so-called whistleblowers from being victims of retaliation measures by those whose actions they have uncovered. Whistleblowers are persons who, as "insiders" (such as employees) disclose dubious practices of the institutions they serve. Here we think first and foremost of persons such as Edward Snowden, whose disclosures were directed against state measures ...
Recently, Dinsmore has noticed an uptake in claimant allegations that an employer has caused an accident due to violation of a specific safety requirement (VSSR). A VSSR award is an additional award paid to the employee by the Bureau of Workers’ Compensation (BWC) billed directly to state fund employers or paid directly by a self-insured employer ...
On 04 April 2019, the Council for Arbitration Development at the Ministry of Justice of the Russian Federation authorized Hong Kong International Arbitration Centre (“HKIAC”) to administer arbitration disputes with the seat in Russia. By 25 April 2019, the Ministry of Justice is expected to include HKIAC into the list of foreign arbitration institutions with the status of a permanently functioning arbitration institution (“PFAI”) ...
The Indonesia National Board of Arbitration (BANI), otherwise known as the BANI Arbitration Centre, provides a range of services in relation to arbitration, mediation, binding opinions and otherforms of dispute resolution. In 2015 all of the original BANI founders passed away. On 8 September 2016 BANIPembaharuan(ie, the Renewed BANI) was created by way of Ministry of Law and Human Rights (MOLHR) Decision AHU-0064837.AH.01.07.TAHUN 2016 of 20 June 2016 ...
In this digest, we review key developments in the Russian migration legislation for the first quarter of 2019. 1. The Russian Government updated the list of documents required for the migration registration of foreign nationals Starting from March 20 of 2019,the Ministry of Internal Affairs extended the list of documents required for the migration registration of foreign nationals ...
On April 1, 2019, the Department of Labor announced it will publish a notice of proposed rulemaking to amend its existing regulations, currently codified at 29 C.F.R. part 791, regarding whether a business qualifies as a joint employer under the Fair Labor Standards Act (FLSA). The FLSA requires covered employers to pay nonexempt employees at least the federal minimum wage for all hours worked and overtime for all hours worked more than 40 in one workweek ...
A long-running legal dispute in the USA involving the brand Louis Vuitton is interesting. Not only does it deal with parody as a defence to trade mark infringement, but it also deals with trade mark bullying.What happened here was that Louis Vuitton sued a company called My Other Bag for selling cartoon-style tote bags bearing the name Louis Vuitton, claiming trade mark and copyright infringement. The case failed, with the alleged infringer successfully raising the defence of parody ...
South Africa’s East Coast Radio listeners recently got a great beginners’ class in trade mark law. It would be a shame if all the people who missed the broadcast lost out.The discussion dealt with a dispute involving the fast-food chain Chicken Licken and a small Durban vegan restaurant called Oh My Soul. It featured an interview with the couple who own the restuarant, Tallulah and Richard Duffin, as well as the attorney acting for Chicken Licken ...
The reportable arrangement provisions were established by the South African Revenue Service (“SARS”) with the objective of obtaining information on certain types of transactions. The circumstances under which a person should report an “arrangement” to SARS, as defined in section 34 of the Tax Administration Act, 2011 (the “TAA”), are contained in sections 34 to 39 of the TAA ...
A key capability for a successful attorney is effective negotiation skills to resolve conflict and legal disputes. Negotiating over 1000 such disputes for clients and serving as a mediator in over 100 cases, has been a tremendous education on how to successfully resolve conflict ...
“You can’t have confidence unless you are prepared. Failure to prepare is preparing to fail.” — Coach John Wooden Once you have developed the facts (who, what, when, where, why and how) and the law pertaining to your dispute or conflict, you need to prepare for your negotiation or mediation. Coach John Wooden stated “You can’t have confidence unless you are prepared. Failure to prepare is preparing to fail ...
As part of the #MeToo movement, many new laws, regulations, and workplace policies regarding sexual harassment have been enacted. As a result, we are seeing an increased number of claims involving harassment. Courts and parties are favoring mediation more often with these claims because of the sensitivity of some situations and the desire for confidentiality and a quick resolution. This is especially so with claimants who are minors or who are victims of prior abuse ...
The proverb is true – it does take two to tango. It is equally true in mediation. For adversaries to reach a resolution, they need to come to terms on the merits. To maximize the chances of a successful resolution, they should also be of the correct mindset. I have found that one mindset maximizes the chances of success. “Win/Lose.” By definition, parties come to mediation with a dispute. Frequently, the parties are embroiled in litigation ...
Earlier this month, the DOL published a Notice of Proposed Rulemaking (“NPRM”) to increase the minimum salary level most exempt employees must be paid in order for them to be deemed exempt from the FLSA’s overtime pay requirements. For a summary of that proposal,click here. The comment period for the proposed changes will close in late May, and it is anticipated that the salary level rules will be finalized and implemented in early 2020 ...
In a recent decision by the Technology and Construction Court (TCC), Judge Stewart-Smith has clarified the position when determining whether two adjudications are “the same or substantially the same” when a party challenges jurisdiction under Para 9(2) of the Scheme for Construction Contracts. He stated that thedecisionreached in the first adjudication must be considered as well as the disputesreferredto adjudication in each ...
