After two long years of analysing and debating, the Serbian Parliament adopted changes to the Bankruptcy Law and they have entered into force. The idea was to improve the position of secured creditors and to provide clarity to certain provisions that caused conflicting interpretations in practice. Changes will apply only to bankruptcies initiated after the changes entered into force ...
Ever since the latest Law on Enforcement and Security entered into force on the 1stof July, 2016, an issue arose over the wording and scope of Article 48, dealing with how creditors acquiring claims can initiate enforcement. The main idea behind this new law was to make it easier for creditors to collect claims ...
The Nigerian Court of Appeal confirms that an Arbitral Tribunal has no Jurisdiction to determine contractual disputes, the resolution of which has tax implications for any of the parties. Recently the Nigerian Court of Appeal confirmed in part the decision of the Federal High Court Abuja delivered on 22 May 2012 in Suit No. FHC/ABJ/CS/923/2011 ...
The Ohio General Assembly voted unanimously in 2015 to pass House Bill 207, which created a rating exception rule where a state-funded employer would not be adversely impacted by claims arising from motor vehicle accidents caused by third parties ...
On December 14, 2017, in a pair of employer-friendly decisions, the National Labor Relations Board overturned its momentous 2015 Browning-Ferris Industries[1] joint-employer decision, as well as its 2004 Lutheran Heritage Village-Livonia[2] standard for weighing the legality of employee handbook policies. In Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co ...
As of late this year [1], the Agency of Natural Resources and Energy announced that it has issued deadlines for the submission of renewable energy application documents, etc. based on the FIT Act in FY 2017. Upon submission of these applications, etc. they will be reviewed by the Ministry of Economy, Trade and Industry (METI), however, every year, the review process tends to be stalled because of the large number of applications submitted at the end of the fiscal year ...
The National Labor Relations Board (NLRB) released several significant decisions last week affecting all employers and their obligations under the National Labor Relations Act (NLRA). First, the NLRB overruled Lutheran Heritage and established a new standard for determining whether facially neutral workplace policies unlawfully interfere with Section 7 rights ...
A rash of lawsuits are being filed around the country against businesses and retailers, claiming their websites are not accessible to those with visual or hearing impairments. These lawsuits are being filed under Title III of the Americans with Disabilities Act ("ADA"). Title III of the ADA requires equal access for persons with disabilities in places of public accommodation. This is not a new provision of the ADA, but the focus on websites has been a relatively recent development ...
At a time when tolerance seems to be an increasingly precious commodity, society can celebrate an awakening intolerance for sexual harassment. For all of the scandal and salacious detail dominating the media in recent months, there is the hope that victims of depravity can find empowerment and healing, if not justice, too ...
Effective January 1, 2018, the State minimum wage increases to $11.00 per hour for employers with 26 or more employees, and $10.50 per hour for employers with 25 or fewer employees. Several California cities and counties have passed their own minimum wage ordinances with a more aggressive schedule of minimum wage increases. Local minimum wage increases that go into effect on January 1, 2018 include the following: Locality Minimum Wage Eff. 1/1/18 Cupertino $13 ...
Mexico maintains a minimum strategic storage inventory of crude oil and refined oil products, such as gasoline, diesel, and jet fuel, to guarantee market supply for a determined period of time. Under Article 80 Section II of the Hydrocarbons Law, the Ministry of Energy (“SENER”) has the authority to issue public policies to determine the required strategic storage volumes ...
The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.The employee in this matter was informed by her employer that an investigation was being conducted into allegations of misconduct levelled against her. She then provided her employer with a letter in which she tendered her notice of resignation ...
On 17 November 2017, the National Minimum Wage Bill was gazetted for public comment. Given that the Bill was the subject of negotiation and agreement at the National Economic Development and Labour Council (“NEDLAC”), its progress through the legislative process is likely to be fairly smooth. The Bill envisages that it should be in force by 1 May 2018. We highlight its most important provisions below ...
On December 11, 2017, the U.S. Supreme Court refused to accept an application to appeal the court of appeals decision in Evans v. Georgia Regional Hospital, leaving unresolved a circuit split on whether federal law prohibits employment discrimination based on sexual orientation.[1] In Evans, the plaintiff, a security officer at a Georgia hospital, claimed she had been harassed and passed over for a promotion because she was homosexual ...
On December 7, 2017, the Ministry of Energy (“SENER”) announced the first bidding process for the financing, installation, maintenance, management, and operation of the Baja California Electric System interconnection with the National Grid (“National Grid”). This is the first power transmission project allowing private participation in power transmission lines in Mexico. The estimated investment will be US$1.1 billion ...
As part of the implementation of the Mexican energy reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during November 2017. These are of particular importance to oil and gas producers, midstream companies and power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons November 8, 2017 ...
Holiday parties are a great time for colleagues to close out the year while getting to know each other better outside of the office. However, a good party comes with certain risks, and it is important for employers to plan ahead to limit legal exposure and ensure their employees are safe. As you plan your year-end celebration, consider the following: Managing alcohol consumption: One person overindulging can create problems for everyone ...
In a significant victory for Dinsmore’s attorneys and their clients, the Supreme Court of Appeals of West Virginia upheld the continuing viability of subjacent support waivers in coal severance deeds in West Virginia. A copy of the decision, released Nov. 16, 2017, is available here. These were consolidated appeals that required the Court to interpret various provisions of the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA) ...
Is a defeated patentee atInter PartesReview an embittered citizen whose private rights were taken without due process by a government agency lacking requisite Article III guarantees of impartiality? Or is the public getting a sweet deal when the Patent Trials and Appeals Board (PTAB) eliminates or revokes a public right that was wrongfully granted in the first place? The Supreme Court wrestled with the constitutionality ofInter PartesReview during oral argument on Monday morning, and the
The Romanian Government has recently approved a draft law on mining activities that is intended to replace the existing law. In order to be enacted, the draft law needs to pass the Parliament test, which means that it will not come into force this year. In addition, the draft can suffer many changes in the parliamentary proceeding ...
The National Employment Service changed its years-long practice regarding the extension of work permits for persons on secondment. In particular, pursuant to Article 19 of the Law on the Employment of foreigners, work permits based on secondment are obtained for a period of the duration of an agreement between the local employer - who is the service user, and a foreign employer, but no longer than for one year ...
The term “dawn raid” refers to an unanticipated visit to commercial premises by a regulatory authority. Examples of this could include a squad of policemen entering a warehouse, a team from a financial-services regulator checking trading records at a bank, or an official from the UAE Ministry of Human Resources and Emiratisation entering your office to check the work permits of all employees present there (an increasingly common practice) ...
On November 13, 2017, the Ministry of Energy (“SENER”) published the Outage Scheduling Guidelines (Manual de Programación de Salidas) (“Guidelines”), establishing the principles of calculation, instructions, rules and procedures that Market Participants, Transporters and Distributors shall observe to schedule their outages and obtain the corresponding authorizations from CENACE; as well as the criteria that CENACE must follow to schedule mid-term outages an
IRS Announcement 2017-15 provides relief to employees who have been adversely affected by the recent wildfires in Northern California by allowing them to take loans or distributions from retirement plans to alleviate hardships caused by the wildfires. The Announcement also provides relief from verification procedures required under retirement plans with respect to loans and hardship distributions ...
OSHA "Injury Tracking Website" Presents Issues as Employer Deadline for Compliance Looms On August 1, 2017, the U.S. Occupational Safety and Health Administration ("OSHA") launched the "Injury Tracking Application" for Electronic Submission of Injury and Illness Records to OSHA in an effort to comply with its electronic record-keeping rule ...
