On March 18, 2010, administrative judge Richard Hudon, of the Comission des lésions professionnelles (hereinafter, the “Comission”), rendered a very interesting decision in the case of Côté et Traverse Rivière‑du‑Loup St‑Siméon (2010 QCC LP 2074) by ruling that section 56 of the Act respecting Industrial accidents and occupational diseases (hereinafter, the “ARIA OD”) is discriminatory within the meaning of the Charter of human rights and freed
Technology, the final frontier. These are the voyages of the U.S. Supreme Court. Its current mission: to explore strange new electronic communication devices; to boldly go where no court has gone before ...
A new feature of the civil justice reform system came into effect on 1 January 2010, nine months into the revamp. Steven Yip and James Yeung report that the introduction of mediation, as prescribed by Practice Direction 31 ('PD 31'), is expected to have a profound impact on the way parties conduct cases ...
Government contractors and subcontractors now have a new, unsavory obligation. On January 30, 2009, President Obama signed Executive Order 13496 – which requires government contractors and subcontractors to post a notice informing employees of their right to engage in concerted, collective activity. On May 20, 2010, the Department of Labor (“DOL”) issued its Final Rule to implement Executive Order 13496 ...
Dear Sirs, The Government of the Russian Federation approved the draft bill on amendments to Code on administrative offences of the Russian Federation and Federal Law “On legal status of foreign citizens in the Russian Federation”. According to this draft bill the liability for a foreign citizen will be imposed on the host party ...
Dear Sirs, The amendments to the Federal Law “On legal status of foreign citizens in the Russian Federation” are to come into force on July 1, 2010. These amendments are aimed at facilitation of migration rules for certain categories of employees and at improvement of investment climate in Russia ...
With the kick off of the 2010 FIFA World Cup imminent, employers will be dreading the onset of sickies, absenteeism and headaches which is sure to follow. What can employers can do to avoid scoring an own goal? The World Cup can bring out the best and, unfortunately, the worst in people. The competitive atmosphere can magnify animosity or even racial tension within the workplace with problems for both staff and employer ...
Citing an independent cost of service study’s findings that the U.S. Government is not fully covering its costs for the processing of visas, the Department of State has announced its intention to increase visa fees. The rule, which will go into effect on June 4, 2010, would increase fees for certain non-petition-based nonimmigrant visas and some Border Crossing Cards ...
Shoosmiths - EnglandWhat is disclosure? It is the stage of a dispute when each party is required to disclose to the other party the documents relevant to the issues in dispute. It normally takes place after each party has set out its position in their statement of case ...
The report of the Henry Review of the Australian taxation and transfer system released on 2 May 2010, entitled 'Australia's Future Tax System' (the Report) is the 'root and branch' review into the taxation and transfer system proposed by the Australian Labor Party at the election in 2007. It contains some 138 recommendations for long-term reform of the tax and transfer system ...
Rolling out OSHA’s semiannual regulatory agenda on April 26, 2010, Secretary of Labor Hilda Solis unveiled several action items being marketed as the “Plan, Prevent, and Protect” enforcement strategy. According to the Secretary, employers too often take shortcuts affecting worker safety and, therefore, must plan for workplace hazards, prevent them, and protect their employees ...
As of 6 April 2010, the sick note will change and become the fit note, allowing doctors to advise on how employees may be able to return to work. Employers must not be mistaken with how this new regime fits with the existing reporting procedures under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) for over three day injuries ...
After becoming the object of several infringement procedures conducted by the European Commission, Spain has been forced to amend several non-resident income tax provisions to ensure those provisions comply with the principles enshrined in the Treaty on the Functioning of the European Union ...
The escalation of fierce competition among companies for more cost effective products and services has raised discussions about Social Dumping, a curious combination of a traditional pure economic concept with labour and employment regulation ...
On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), which President Obama signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years. The House and Senate also passed a separate bill, the Health Care and Education Reconciliation Act of 2010 (“HCERA”), which President Obama signed into law on March 30, 2010 ...
USCIS has issued a notice to assist those non-immigrants stranded in the U.S. due to European airport closures resulting from the Icelandic volcano eruption. The notice addresses those who are about to exceed their authorized stay in the U.S., which is noted on their I-94 or I-94W arrival/departure record. Those who have entered the U.S. under a visa are directed to contact their local USCIS office and to file an extension of status application before their authorized stay expires ...
Legislative Developments In July 2009, new rules came into force in Italy concerning class actions brought by consumers and final users who are the victims of unfair trade practices or anti-competitive conduct. Under the new rules, collective damages actions may be brought either by individual class members or by associations empowered by them or committees of which they are members for claims based on breaches of competition law ...
Under the new system, GPs will indicate whether the patient is "unfit for work" or "may be fit for work". In the latter case, he will advise of any adjustments to the employee's role or work environment from which the employee may benefit. These might include a phased return, restricted duties, altered hours or even physical adaptations to the workplace ...
Dear Sirs, On March 11, 2010 the President of the Russian Federation Dmitry Medvedev introduced in the State Duma the draft of Federal law No. 341071-5 “On alternative dispute resolution procedure by way of mediation (a mediation process)” ( “the Draft law”). It is to be applicable from January 1, 2011. View More
The National Labor Relations Board (“NLRB”) is finally moving towards its full complement of five members. On March 27, 2010, President Barack Obama made two recess appointments (a procedure not requiring legislative approval), increasing the NLRB’s membership from the two that have been serving the past couple of years to four members. The appointments still leave the NLRB one member short; however, three members constitute a quorum that can unquestionably decide cases before the Board ...
In Brazil the payment of profit sharing is regulated by Law # 10101/2000 (“Profit Sharing Law”), which sets the terms and conditions that the company’s plans have to meet in order to have such payments excluded from the basis of calculation of the mandatory labor benefits (vacation bonus, 13th salary, etc.) and the social security contributions ...
The Texas franchise tax (also known as the “margin tax”) is so expansive that it can apply to private trusts administered in Texas. Every taxable entity is subject to the franchise tax, and the term “taxable entity” generally includes trusts, partnerships, limited liability companies, and corporations. If the franchise tax applies to a trust, the amount of franchise tax will typically be 0.7% of the trust's federal gross income that is apportioned to Texas (i.e ...
As we navigate the waters of these tough economic times, appraisal districts faced with massive city, school and county revenue losses caused by declining property values will most likely try to stem the tide by not voluntarily lowering taxpayers’ 2010 property values to their fair market values ...
Academics are often called to give evidence as expert witnesses and use the name of their employer institution in doing so. Indeed, an association with a well-known tertiary institution is often a drawcard when selecting an expert witness. As the discussion below demonstrates, an expert's role is not necessarily straightforward ...
