In what appears to be the first substantive dispositive ruling on a COVID-19 related business interruption insurance claim, a Michigan court has dismissed an insured’s business interruption claim, finding that the insured did not suffer a direct physical loss and no insurance coverage exists for the insured’s claim ...
Please join us for a virtual webinar addressing worker classification issues, including independent contractor v. employee, and how to manage temporary or seasonal workers and avoid common legal traps. Misclassification of workers is a costly mistake and can lead to exposure for unpaid taxes, unpaid overtime, penalties and punitive damages. We will discuss how to properly work with and manage independent contractors to make sure they are not classified as employees ...
On June 16, 2020, Governor Mike DeWine signed into law House Bill 81. Its impact is significant for employers in the context of workers’ compensation. Governor DeWine touted the amendment that provided workers’ compensation coverage for medical diagnostic services to investigate whether a detention facility employee’s exposure to another’s blood or bodily fluids resulted in an injury or occupational disease ...
This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And we discuss specific trends involving workplace safety, mask requirements, shutdown orders, quarantine enforcement, and prisoners’ rights. These cases, and others like them, show no signs of cooling down as the summer heats up ...
Resolution No. 61/202 of Chilean Tax Authority amends instructions on Certificate No. 66 on donations and expenses associated with the global outbreak of Covid-19 July 6, 2020 On June 17, the Internal Revenue Service issued the Resolution No. 61 through which it modified the Resolution No. 49, which creates the certificate that recipients must issue for the donations they receive in the context of the health crisis produced by Covid-19. According to Resolution No ...
On 9 July 2020, the Employment (Amendment) Bill 2019 (Bill) was passed at the Legislative Council. The Bill introduces amendments to the Employment Ordinance (Ordinance) to extend the statutory maternity leave period from 10 weeks to 14 weeks, and technical amendments to rationalise the current statutory maternity leave regime (Amendments). We summarise the effect of the Amendments as follows: Current position New position 1 ...
UK and EU competition law provides that retailers must be free to determine their own resale prices. Actions by suppliers to restrict this freedom by dictating a fixed or minimum resale price are prohibited. The UK regulator, the Competition and Markets Authority (CMA) has vigorously enforced the law in this area, regularly pursuing investigations into and ultimately imposing fines on suppliers who engage in resale price maintenance ...
The current crisis has challenged the strength of all companies. It has forced businesses to quickly address new issues that often were outside their agenda earlier. During this period, most of businesses have managed to temporarily adapt, or radically change their processes and strategies; establish a flawless remote operation; transform the pattern of cooperation with counterparties and partners; reallocate resources and learn to communicate with their employees under crisis ...
By: John Epperson San Francisco’s Board of Supervisors passed an Emergency Ordinance on July 7 entitled “Cleaning and Disease Prevention Standards in Tourist Hotels and Large Commercial Office Buildings” (the “EO”). The EO is expected to be signed by the Mayor and go into effect soon ...
Key Points The Supreme Court's upcoming decision regarding the Affordable Care Act could render its tax provisions retroactively unconstitutional. Depending on the outcome, there is a potential opportunity for refunds on open tax years for taxpayers who paid the net investment income tax and additional Medicare tax. For most taxpayers, the deadline for a protective claim of refund on a 2016 tax return, filed without extensions, is July 15, 2020 ...
With the exit from lockdown in full swing, many companies are recalling their staff to the workplace. This article answers 10 FAQs that employers, business managers and HR specialists must consider during employees' return to work. FAQs Must employers respect health and safety measures on their employees' return to work and, if so, which ones?Yes, to the extent possible, social distancing (ie, maintaining a distance between people of at least 1 ...
The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else Introduction On June 3, 2020, the United States Court of Appeals for the Ninth Circuit dealt a blow to callers governed under the Telephone Consumer Protection Act (“TCPA”) ...
Key Points The cash value of employees’ donated leave time paid to a qualified charitable organization in 2020 under an employer-sponsored leave donation program is not taxable wages or compensation. Employers may take a tax deduction for such payments as a business expense or a charitable contribution ...
On July 3rd, 2020, Supreme Decree No. 18/2020 of the Ministry of Labor and Social Securitywas published,approving the regulation of Article 152 quater M of the Labor Code, establishing specific health and safety conditions at work applicable for employees rendering services in regimes of remote work or telework (hereinafter, the “Regulation”) ...
Government submits bill establishing tax measures linked to the Emergency Plan for Revenue Protection and Economic and Employment Reactivation July 6, 2020 With the purpose of promoting the country's economic recovery, the last June 25 a bill with the new tax measures announced a few weeks ago by the government was introduced in the Congress ...
On June 24, Law No. 21,242 was published, establishing a transitional benefit for certain independent professionals consisting in the possibility of obtaining cash benefits for 3 months, continuously or discontinued, within the next 6 months. This benefit must be subsequently returned to the Treasury in 3 annual installments of 20%, 40% and 40% of the amount received ...
Faced with the current Covid-19 pandemic and the consequential economic ramifications, it is inevitable that affected businesses are put under increasing financial strain. Affected businesses would at some point consider a restructuring of the business to manage the tide and stay afloat, with the last resort being liquidation for businesses operating in industries that are the most impacted by this pandemic ...
Introduction The Covid-19 global pandemic which has swept the globe and caused many countries to introduce various degrees of lock down measures has given rise to various issues and scenarios which an employer must deal with and manage. This is no different for employers in Malaysia where the Government has implemented the Movement Control Order (“MCO”) since 18 March 2020 which saw the economic activity brought to a halt ...
In this article, Aisyah Muhammad discusses whether a party to a contract can rely on the doctrine of frustration in the event of the non-performance of its contractual obligations during the Covid-19 pandemic. Introduction The emergence of the highly contagious Covid-19 virus has without a doubt caused major disruptions across various industries including transportation, retail, tourism and oil and gas ...
Background factsThe respondent, Bina Puri Sdn Bhd (“Bina Puri), obtained an adjudication award dated 31 December 2016 (“Adjudication Award”) against the appellant, Likas Bay Precinct Sdn Bhd (“Likas”), pursuant to the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) whereby Likas had to pay Bina Puri certified sums amounting to RM16,439,628.24 (“Adjudicated Sum”) ...
This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic. Shutdown litigation is increasingly focusing on alleged disparate treatment between businesses and protesters, as well as broadening to encompass challenges to mask requirements ...
A recent opinion, 731 Market Street Owner, LLC v. City and County of San Francisco (Cal. Ct. App., June 18, 2020, No. A154369) 2020 WL 3285962 (“731 Market Street Owner”), issued by a California Court of Appeal in San Francisco provides some relief to San Francisco building owners ...
A recent opinion, 731 Market Street Owner, LLC v. City and County of San Francisco (Cal. Ct. App., June 18, 2020, No. A154369) 2020 WL 3285962 (“731 Market Street Owner”), issued by a California Court of Appeal in San Francisco provides some relief to San Francisco building owners ...
Key Points: California Court of Appeal issues two landmark local government finance decisions. Propositions 13 and 218 do not require two-thirds voter approval for special taxes proposed by initiative. A toll is not a tax. The California Court of Appeal in San Francisco has issued two blockbuster decisions in the last week impacting local government finance ...
On June 30, 2020, the Senate passed an extension of the Paycheck Protection Program (PPP) to keep the program operating until August 8, 2020. On July 1, 2020, the House also approved the extension for the program which was set to end on June 30. The President is expected to sign the extension shortly ...
