The U.S. Equal Employment Opportunity Commission (EEOC) has published its proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA, which became effective on June 27, 2023, requires employers to provide reasonable accommodations to employees and applicants suffering limitations from pregnancy, childbirth or related medical conditions ...
Inflation Reduction Act Perhaps the most significant recent development in the area of alternative energy, the Inflation Reduction Act of 2022 (IRA) offers approximately USD270 billion in tax incentives to help combat climate change ...
In the latest edition of our HR Improve series, we consider the steps employers can take to improve diversity, equity and inclusion within the workplace ...
In its judgement delivered on 14th June 2023 in the names of Marco Aquilina & Euro Concrete Blocks Limited vs. Ir-Registratur tal-Kumpaniji, the Civil Court (Commerce Section), presided over by Mr. Justice Ian Spiteri Bailey, decided in favour of the plaintiffs, who successfully challenged the payment and settlement of various alleged administrative penalties imposed by the Registrar of Companies. The pertinent facts of the case are as follows ...
The Government set out its objectives in respect of property energy efficiency and EPCs within the Carbon Neutral Roadmap (approved by the States Assembly on 29 April 2022). The Government has since issued a progress report in July 2023 on the implementation of the Carbon Neutral Roadmap ...
A recent case has seen trustees apply for and obtain court approval for a trustee petition to wind-up the scheme's sponsoring employers. This is a relatively unusual case, but the trustees had reached a point where no other options were available to them ...
In the aftermath of some highly-publicised social dumping cases in the media, the Flemish government has proposed a zero tolerance policy for bogus posting set-ups involving illegal employment, especially if they involve exploitation and “smart” contractor chain constructions. To achieve this aim, the Flemish government has adjusted some already existing chain liability schemes and is seeking to introduce, amongst other things, a duty of care obligation for certain contractors ...
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Hydrogen is seen by many as the fuel of the future, a substance that can provide heat through combustion, or electrical power from fuel cells, emitting only water in the process. Its potential usefulness, specifically its ability to replace fossil fuels without generating greenhouse gases, makes it the poster child for clean energy. There are various ways of producing hydrogen, but currently most of it is done in the most cost-efficient way, by steam reforming ...
For the second time in three years, amendments to the False Claims Act have been proposed in the U.S. Senate. If enacted, the amendments would create uncertainty for FCA defendants and expand the scope of the FCA’s anti-retaliation provision to cover post-employment retaliation. In late July, a group of senators proposed the False Claims Amendments Act of 2023.[1] Championed by Sen ...
Dinsmore partner of counsel Frank Mamat contributes columns and analysis about labor and employment topics for the Small Business Association of Michigan's newsletter and website. In this edition, Frank and Dinsmore attorney Erik Bradberry write about legislation proposed in Michigan that would change what defines an independent contractor ...
Patterson Belknap Webb & Tyler is pleased to announce the publication of the latest edition of the New York Commercial Division Practice Guide. As with previous editions, the guide is organized into various chapters containing useful information about litigating in the Commercial Division of the New York State Supreme Court, the “premier forum” for litigating commercial cases ...
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The Scottish Government is proposing to overhaul Energy Performance Certificates (EPC) - giving building owners and occupiers more information than ever before. The potential reforms aim to be targeted and useful – helping pave a clear and achievable path towards achieving net zero. On 25 July 2023, the Scottish Government published its consultation on reforming domestic and non-domestic EPCs to ensure they support future regulations on heat in buildings ...
On 15 June 2023, three groups namely the Centre for Progressive Policy (CPP), Pregnant Then Screwed (PTS) and Women in Data, published their collaborative report on the social and economic impact associated with extended paternity leave and pay. Currently in the UK, the statutory entitlement to paternity leave is capped at two weeks, with the weekly rate for paternity pay amounting to the lower of £172.48 per week or 90% of average weekly earnings ...
Many businesses rely upon restrictive covenants with their employees. These include noncompete agreements, nonsolicitation agreements and confidentiality agreements. These agreements are intended to ensure that the investment a business makes in its employees, its customer relationships and confidential information are adequately protected. Recently, multiple new rules have been proposed that could see many of these agreements ruled unlawful and unenforceable in the United States ...
Following the announcement that visa fees are to be increased, the government has announced a hike in civil penalty fines for employers and landlords who employ or let properties to foreign nationals who do not have the right to work or reside in the UK. The planned increases come as part of government announcements on policy to reduce the number of people living and working in the UK without a legal immigration status ...
The BVI is a leading international financial centre, and BVI companies play a significant role in the flow of capital across the global economy. As global economic conditions become more challenging, lenders are increasingly reliant on formal insolvency procedures to realise value from distressed assets. As a result, the past year has seen a marked increase in the use of statutory demands against BVI companies as a precursor to an application to appoint liquidators ...
As published in Corporate Compliance Insights 08/07/2023 European Whistleblower Report Provides Critical Country-by-Country Updates What’s in this report from World Service Group: The World Services Group (WSG) Employment and Labor Group collaborated with WSG network law firms in more than 20 European jurisdictions to create the European Whistleblower Report, which provides knowledge on the implementations of the EU Whistleblowing Directive in the differen
This week, the National Labor Relations Board (“NLRB”) adopted a somewhat new standard for evaluating employer work rules when they are challenged as being “facially unlawful” under Section 8(a)(1) of the National Labor Relations Act (“NLRA”). This standard builds off the previous standard announced in Lutheran Heritage Village-Livonia ...
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On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) went into effect. This new law requires covered employers to provide “reasonable accommodations” for the known limitations of a worker relating to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer “undue hardship ...
Last Wednesday (July 26), the Federal Court of Appeal (FCA) handed down its highly awaited decision on the patentability of computer-implemented inventions (software patents). In Canada (Attorney General) v. Benjamin Moore & Co. (2023 CAF 168), the FCA rejected the test proposed by the Intellectual Property Institute of Canada (IPIC) in the first instance decision, Benjamin Moore & Co. c. Canada ...
The Cayman Islands Court of Appeal ("CICA") has delivered a valuable judgment on the application of section 238 of the Companies Act (as revised) in Re Trina Solar Limited.[1] This case update can be read in conjunction with our previous briefing setting out certain practical points to note in 'fair value' appraisal proceedings ...
On July 9, 2023, major amendments to the Canada Labour Code 1 (the ?Code?) came into force, and further amendments are set to come into force shortly. These amendments relate to Part III of the Code, which covers labour standards. They were provided for in the Budget Implementation Act, 2018, No. 2 2, which was assented to on December 13, 2018, but are only now coming into force ...
