The controversial issue of whether employers can check their employees' temperatures has been much debated. Both the Employment Ministry and the Data Protection Authority (DPA) have recently changed their positions in this respect ...
The Guide for the Identification of Labor Risks by Covid-19 and Preventive Measures in Workplaces was published by the Guatemalan Social Security Institute ...
In its notice published on May 18, 2020, the National Employment Service (Nemzeti Foglalkoztatási Szolgálat) laid down the fundamental criteria that must be met by an applicant to be eligible for the new EU-supported wage subsidy intended to help create new jobs in Hungary in the wake of the COVID-19 pandemic. There is an enormous difference between the Kurzarbeitwage subsidy and this job-creating wage subsidy ...
In the recent case of MillChris Developments Ltd v Fiona Selski Waters [2020] 4 WLUK 45, before England’s Technology and Construction Court, a party to an adjudication applied for an injunction to prohibit the adjudication continuing on the grounds that due to COVID-19 it had insufficient time to comply with the adjudicator’s directions and would be unable to attend a site visit. The Court declined to make the injunction and ordered that the adjudication proceed ...
On 17 June 2020, the Occupational Retirement Schemes (Amendment) Bill 2019 (Bill) was passed at the Legislative Council. The Bill introduces amendments to the Occupational Retirement Schemes Ordinance (ORSO) with a view to preventing the misuse of schemes for purposes unrelated to employment and improving the governance of ORSO schemes ...
A recent decision from the Ninth Circuit Court of Appeals is likely to have a significant impact on both copyright infringement matters and copyright registration practices in the Ninth Circuit, if not nationwide. The case, Unicolors v. H&M, 2020 U.S. App. LEXIS U.S. App. LEXIS 17097 (9th Cir. May 29, 2020) involved claims for copyright infringement brought by Unicolors, Inc. (“Unicolors”) against retailer H&M Hennes & Mauritz, L.P. (“H&M”) ...
To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR). It has also issued a revised forgiveness application form, worksheet and instructions, and a new expedited (EZ) forgiveness application form and instructions that can be used by certain borrowers. Links to those documents can be found below ...
Key Points Title VII prohibits discrimination based on sexual orientation and gender identity. The holding does not change currently-existing legal obligations for California employers as discrimination based on sexual orientation and gender identity is prohibited under the FEHA. California employers should ensure they are complying with FEHA’s posting and training requirements. On Monday, June 15, 2020, the U.S. Supreme Court published a long-awaited opinion, Bostock v ...
Key Points The third Golden Door iteration resulted in a common refrain: San Diego County has not yet reached the high bar for greenhouse gas mitigation (GHG) measures under CEQA Enforceability is a significant component of a CEQA compliant GHG mitigation measure In a nod to the recently approved Newhall Ranch plan, the Court of Appeal outlined the contours of acceptable carbon offset programs, both within and outside California In Golden Door Properties, LLC, v ...
This 12th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in labor and employment cases, consumer protection cases, and civil rights litigation. Price gouging and fraud for personal protective equipment (particularly N95 masks) remain major focuses, with manufacturers, retailers, and governments all taking action ...
In a recent decision of the Industrial Court in Dewalaxhmana a/l A S Param v Weststar Aviation Services Sdn Bhd (Award No. 692 of 2020), we successfully defended the Company in a claim of unfair dismissal brought by a former employee. It is worth noting that in this case, even though the Industrial Court found that the Company had only proved four out of the seven charges against the former employee (the Claimant), the dismissal was still held to be fair ...
A case of forced resignation does not automatically amount to an unfair dismissal. In the recent decision of Mohd Rizam bin Ibrahim v Prince Court Medical Centre Sdn Bhd dated 5 June 2020 [Award 716 of 2020], the Industrial Court ruled that although the employee was forced to resign, the same was with just cause and excuse ...
Civil Aviation Authority: All international flightsshall remain suspended untilJuly 22, 2020. National Immigration Authority: All identifications issued by the National Immigration Authoritythat weredue to expirebetween March 13 and July 31, 2020,willremain validuntilOctober 31, 2020,without incurring in fines or surcharges ...
Key Points IRS guidance expands the definition of “qualified individual” for receiving a tax-favored coronavirus-related distribution (“CRD”) from a retirement plan and other plan changes under the CARES Act. The guidance confirms that plan changes under the CARES Act are optional, including the loan repayment delay, and provides a safe harbor method for implementing the loan repayment delay ...
Effective June 24, 2020, a new executive order from President Donald Trump will go into effect, limiting the entry of certain categories of foreign nationals to the U.S. through December 31, 2020 ostensibly to protect the U.S. labor market as it recovers from COVID-19. The order focuses on suspending and limiting entry of foreign nationals who are currently outside of the U.S ...
With the exit from the lockdown now in full force, more companies are bringing their staff back to their work premises. We have listed 10 quick-but-key questions that every business manager or HR specialist must deal with during this restart. To read the full Q&A, CLICK HERE ...
In the recent decision of Abdul Malek Bin Mohamed v MISC Bhd dated 17 June 2020 [Award 840 of 2020], the Industrial Court recognised that the tenure of service of an employee in an organisation does not shield the employee from having to render satisfactory performance at the level required by the Company. The Industrial Court upheld the dismissal of an employee for poor performance after 32 years of service ...
Due to the reduction to the minimum necessary staff that works in mining operations and, consequently, to the reduction of their capacity to react in the event of incidents or operational accidents,a guide for preparing contingency plans with measures to prevent these risks was approved. (Guide: Exempt Resolution No ...
Until June 30th, 2020, inclusive, companies shall notify employees in written form: on changes connected with setting out a digital register of employees’ work experience; on employees’ right to choose whether to continue keeping a labour book, in hard copy, until December 31st, 2020 ...
On June 18, 2020, the Supreme Court of the United States ruled that the Department of Homeland Security (DHS) did not follow appropriate administrative procedures to terminate the Deferred Action for Childhood Arrivals (DACA) program and, therefore, was unauthorized to do so. The decision was a 5-4 ruling, written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor ...
In a split decision with far-reaching implications for both government contractors and the private bar, the U.S. Court of Appeals for the Federal Circuit, in Inserso Corporation v. U.S., recently addressed timeliness and waiver issues in the bid protest context. The facts of this significant case, the majority and dissenting opinions, as well as key takeaways for federal contractors and their attorneys, are discussed below. The Facts The U.S ...
Pursuant to the verbal announcement made by our Senior Minister, Datuk Seri Ismail Sabri Yaakob last week, the Government has further released written guidelines on the categories of expatriates who are permitted to return to Malaysia and the measures to be undertaken prior to and after entering Malaysia ...
Foreign brand owners have often questioned whether they need a trademark registration in the PRC when engaging PRC factories for Original Equipment Manufacturing (OEM) activities. Previously, a pure OEM arrangement with proper authorisation from the owner of a trademark registration in the exporting country, would generally not be considered infringement of identical or similar PRC trademarks ...
