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Carey | April 2023

On April 10th, 2023, the Congress approved a bill that reduces the workday weekly limit from 45 to 40 hours (Bill N°11.179-13). This bill, however, includes multiple and important amendments to the working hour and rest regimes, amongst which we can highlight the following: Reduction of the ordinary working hours limit The duration of the ordinary working hours will be reduced from 45 to 40 hours ...

Carey | August 2023

As part of the preventive constitutionality control, the Constitutional Court ("TC") resolved that the provisions of the Bill that systematizes Economic Crimes and Attempts against the Environment (the "Bill"), that have the character of constitutional organic law, conform to the Constitution. Thus, for the Bill to become law, it only remains for the President of the Republic to promulgate it, and then proceed with its publication in the Official Gazette ...

Carey | November 2022

Background On November 23, 2022, the President of the Chilean Republic submitted to the National Congress a bill amending the Mining Code, Law No. 21,420 and other legal provisions related to the mining sector (the "Bill"). Its purpose is to address and resolve the inconsistencies and gaps contained in Law No. 21,420, as well as to adjust and improve several provisions of the Mining Code, the Constitutional Organic Law on Mining Concessions and Decree Law No ...

It is well known that insurance companies negotiate low attorney hourly rates for defense of their policyholders.1 When a conflict arises that requires policyholders to retain independent counsel, insurers frequently try to impose those same rates on the policyholders’ selected attorneys. The ensuing fight over billing rates can discourage policyholders from selecting the best attorneys for the job ...

Carey | March 2020

In the context of the current sanitary alert, several bills of law have been filed with Congress, seeking to regulate certain aspects associated to states of emergency and sanitary crises in particular.To such ends, the bills that stand out are:I. Bill prohibiting and penalizing price increases in the face of epidemics or pandemics:On Tuesday 17 March 2020, a bill was filed with the Lower Chamber (Newsletter 13 ...

Carey | July 2021

On May 25, deputies Karim Bianchi, Boris Barrera, Jaime Naranjo, Alexis Sepúlveda and Pedro Velásquez presented a bill That seeks to to assign the Chilean Competition Court ( Tribunal for the Defense of Free Competition - " TDLC ") the authority to Set maximum consumer prices for food and housing repair related-products, in the event of a constitutional state of exception ...

Brigard Urrutia | May 2020

The Ministry of Health and Social Protection issued Resolution 682 adopting the biosecurity protocol for the control and management of COVID-19 in the building construction sector. This protocol is complementary to the general biosecurity protocol adopted through Resolution 666 of 2020 and to other measures implemented by each company. This biosecurity protocol includes the following measures: 1. General biosecurity measures 2. Additional measures 2.1 ...

Brigard Urrutia | April 2020

By means of Resolution 666 of 2020 the Ministry of Health and Social Protection adopts the general biosecurity protocol to mitigate, control and perform the adequate management of Covid-19 pandemic. 1. Purpose Adopt the general biosecurity protocol applicable to all economic and social activities and sectors of the public administration. The biosecurity protocols are orientated to minimize factors that may generate transmission of COVID-19 and are of mandatory compliance. 2 ...

The Department for Business Innovation and Skills has now published its final guidance on the Agency Workers Regulations, which come in to force on 1 October 2011. The final guidance makes the provisions and requirements in relation to pay between assignments clearer especially in relation to annual leave.  There has also been a minor change to remove one-off non-contractual bonus payments from the definition of pay ...

The Department for Business Innovation and Skills has now published its final guidance on the Agency Workers Regulations, which come in to force on 1 October 2011. The final guidance makes the provisions and requirements in relation to pay between assignments clearer especially in relation to annual leave.  There has also been a minor change to remove one-off non-contractual bonus payments from the definition of pay ...

Dispute is heating up over IRS’s attempts to get personal information about users of Bitcoin and other virtual currencies. Last November, the Internal Revenue Service (“IRS”) filed a petition in the United States District Court for the Northern District of California. It sought the court’s permission to serve a “John Doe” summons on Coinbase, Inc., a virtual currency exchanger in San Francisco ...

ENSafrica | December 2016

Witnesses giving evidence before the Commission for Conciliation, Mediation and Arbitration (“CCMA”) should take care when making statements that may expose them to defamation claims. This issue arose in the recent case of Clover SA (Pty) Ltd and Another v Sintwa, in which the High Court heard a damages claim arising from defamatory statements made by a witness while giving evidence before the CCMA ...

Shoosmiths LLP | January 2021

To boost the economy post-Brexit the government is committed to establishing up to 10 freeports across the UK. In our latest freeport bitesize article, we look at some of the planning implications of which bidders and bid participants should be aware. Back in August 2019 the UK Government announced plans to create ten new freeports that would be free of “unnecessary checks and paperwork, and include customs and tax benefits” ...

  In a recent appeal by a pharmacy, Doorstep Dispensaree Limited (“Doorstep”), against a Monetary Penalty Notice and an Enforcement Notice issued against it by the Information Commissioner’s Office (the “ICO”), Doorstep was partially successful, specifically against the level of fine imposed by the ICO under the Monetary Penalty Notice ...

Even if an idea for a new invention only exists in the mind of an employee, that idea belongs to the company…unless the contract of employment clearly states otherwise! The importance of ensuring that contracts of employment cover this area has been brought into sharp focus by a recent case in Texas, where the rules are very similar to those in the UK ...

Deacons | July 2021

The Employees’ Compensation Ordinance Cap. 282 is a non-fault based system of compensation. Under this scheme, compulsorily-insured compensation is speedily paid to injured employees or their family members. A blameless employer who has paid the compensation upfront may find consolation in s.25(1)(b) of the Ordinance which confers the employer a right of recovery against the wrongdoer ...

Brian O'Shaughnessy is an intellectual property partner at Dinsmore and board chair of the Bayh-Dole Coalition. He wrote this article for InsideSources.com. The American inventor is under attack, and it’s coming from our government ...

Schwabe, Williamson & Wyatt | September 2022

During the COVID-19 pandemic, questions about employee health-privacy-related symptoms, testing, and vaccination became prevalent in discussions about the workplace at all levels—from “the water cooler” to national news ...

On October 27, 2021, Board of Directors Resolution Nº 00019-2021-OEFA/CD was published in the Official Gazette "El Peruano", amending Articles 39 and 40 of the OEFA's Regulation of Administrative Measures (RMA), adopted by Board of Directors Resolution Nº 007-2015-OEFA/CD ...

In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product when the contractor proved the substitute 2″ thick roof deck was equivalent ...

Dinsmore & Shohl LLP | April 2020

Boards of education should be aware of some upcoming deadlines regarding new WV State Department Policy 3300 and the introduction of the possibility of charter schools in West Virginia. As you may recall, new WV Code Sections 18-5G-1 through 18-5G-12 establish the process by which West Virginia will consider public charter schools. The Code Sections limit the number of new schools to three until July 1, 2023 ...

Shoosmiths LLP | May 2022

As organisations start to rebuild post pandemic, many will be considering the introduction or reintroduction of bonuses to their employees. However, when it comes to payment of bonus to those who have had time away from work, employers need to take care ...

As a new wave of book banning appears to be to be sweeping the nation, public school libraries are relying on a 1982 plurality opinion for guidance and coming up with more questions than answers ...

Carey | September 2021

Kindly note that Decree No. 221, of the Ministry of the Interior and Public Security, was published today, extending the validity of Supreme Decree No. 102, of 2020, of the Ministry of the Interior and Public Security, which provides for the temporary closure of places authorized for the entry and exit of foreigners, due to public health emergency of international importance given the outbreak of the new Coronavirus (2019-NCOV) , until September 30, 2021 ...

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