Late this afternoon, the Supreme Court of Appeals of West Virginia issued its decision in State v. AFL-CIO and upheld the constitutionality of West Virginia's “Right-Work-Act” (the Workplace Freedom Act). Justice Jenkins delivered the opinion in which our high court reversed the Circuit Court of Kanawha County and remanded the matter back to that lower court with instructions to enter Summary Judgment in favor of the State ...
West Virginia Supreme Court of Appeals makes clear that third parties may not sue under the West Virginia Consumer Credit and Protection Act for collection attempts On May 17, 2017, the West Virginia Supreme Court of Appeals issued a unanimous decision that affirmed a trial court’s order granting summary judgment to a collector in a lawsuit brought by a third party over collection calls made to her home that were intended to reach another person living there. In Young v ...
Who is an Eligible Employer? “Eligible entities” include employers that are taxable corporations, individuals (such as sole proprietors), non-profit organizations, registered charities, and partnerships (all of the members of which are partnerships or one of the aforementioned entities) who had an existing business number and payroll program account with the Canada Revenue Agency (“CRA”) on March 15, 2020. Public institutions are not eligible (e.g ...
April 21, 2020 Cities in California have been implementing local ordinances providing for emergency supplemental paid sick leave for local workers in the wake of the COVID-19 pandemic, which adds complexity for employers navigating the rapidly changing obligations resulting from the pandemic ...
Through Circular 4011 of 2020, the Ministry of Mines and Energy presents the considerations regarding the application of the exceptions to the restriction of free movement for the Mining Sector, as established in Article 3 of Decree 531 of April 08, 2020, by means of which"(...) it gives instructions under the health emergency caused by the Coronavirus COVID-19 and set measures for the maintenance of public order ...
In accordance with the schedule of the Permanent Bidding Process ("PPAA"), the National Hydrocarbons Agency ("ANH") published on April 17 the final list of qualified companies to participate in the fourth cycle of this process, with which it is expected to reactivate the economy in Colombia ...
On April 17, 2020 the EEOC updated its Technical Assistance Questions and Answers to provide employers with additional guidance interpreting the ADA, Rehabilitation Act, and other EEO Laws in the midst of the COVID-19 pandemic. The EEOC first reminds employers that while these laws continue to apply, employers should still adhere to the ever-changing guidelines and suggestions made by the CDC or state/local health authorities ...
The Ministry of Home Affairs (“MHA”) issued an order on April 15, 2020 containing the revised consolidated guidelines on the measures to be taken by the Central and State Governments for containment of COVID 19 (“Revised Guidelines”). The order/ Revised Guidelines specify the economic activities which will be permitted after April 20, 2020 (except in containment zones) ...
Employers are now confronted with the next COVID-19 challenge: safely bringing employees back to work. The recent federal guidelines for “Opening Up America Again” specifically refer to recommended practices for employers ...
In response to the economic impact of the COVID-19 pandemic, the federal government has passed several new laws to provide trillions of dollars of funding to affected businesses and individuals. But this also means there are new compliance considerations for entities receiving federal funds, especially as it relates to the False Claims Act’s “false certification” theory of liability ...
The National Mining Agency ("ANM") published, in recent days and after receiving comments from the public, the Resolution 100 of March 17, 2020 (the "Resolution"), which sets forth the conditions and periodicity for the submission of information on mineral resources and reserves in respect to a concession area ...
According to section 3(1) of the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Regulation) (Cap.599G), no group gathering of more than four persons may take place in any public place during a specified period, unless it falls within one of the exceptions set out in Schedule 1 to the Regulation. The specified period will last until 7 May 2020, but may be further extended depending on the rapid changes in the public health situation ...
The Supreme Court of Appeals of West Virginia upheld the constitutionality of the Workplace Freedom Act in a 5-0 decision, with one justice dissenting in part. The decision removes the cloud over the state’s right-to-work law, which was passed in 2016 but was enjoined by a trial court for a substantial period of time, determined to be unconstitutional, in part, by the same trial court and now takes full effect ...
On the 10thof April, 2020, the Government of Hungary as part of its long-awaited Economic Protection Action Plan (the “Plan”) introduced by Government Decree 104/2020 the possibility for employers to introduce a 24-month working time frame. According to Government Decree 104/2020, during the state of emergency the Labor Code shall apply with the exception that the employer may order a working time frame for a maximum of twenty-four months ...
The so called “break-even point” is a relevant concept in business economy. Simply speaking, a company is in break-even point when the number of product units sold equals its Total Fixed Cost, divided by the respective Contribution Margin per Unit (i.e ...
On Tuesday, the United States Court of Appeals for the Third Circuit departed from opinions issued by the Fourth and Ninth Circuits in ruling that violations of the FDCPA begin to run when the violation occurs. In Rotkiske v. Klemm, et al., plaintiff Rotkiske sued a law firm that, in 2009, had obtained a default judgment against him. The law firm moved to dismiss the FDCPA claim, alleging it was untimely ...
On July 4, 2017, amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”) took effect. One of those amendments requires a potential plaintiff to give a creditor or collector notice of alleged violations under the statute before the potential plaintiff can file a lawsuit against them. They then have 20 days to make an offer to cure the alleged violations, and the potential plaintiff has 20 days thereafter to decide whether to accept it ...
The 2015 amendments to the West Virginia Consumer Credit and Protection Act (‘WVCCPA”) are not retroactive, according to a federal court in West Virginia. In O’Dell v. USAA Federal Savvngs Bank aka USAA, the court rejected a bank’s argument that the WVCCPA statute in effect at the time of trial applies. The court determined the WVCCPA amendments could not be applied to a scenario that predated their effectiveness ...
Earlier this month, a West Virginia federal court ruled a disclosure in a debt collection letter regarding potential tax implications for settling a debt did not violate the Fair Debt Collection Practices Act (“FDCPA”) or the West Virginia Consumer Credit and Protection Act (“WVCCPA”). In Garrettson v. Sentry Credit, Inc. et al., a debt collector sent a collection letter to the plaintiff debtor, offering to settle the debt for less than the amount due ...
On April 18th 2020, the Russian President signed a Decree establishing a temporary procedure for hiring foreign nationals in Russia and suspension of migration terms. Temporary rules apply from March 15th until June 15th, 2020 ...
In accordance with Decrees of the Moscow Mayor No. 42-UM dated April 10th, 2020 and No. 43-UM dated April 11th, 2020, visiting of most organizations is temporarily suspended and pass control is introduced, within the territory of Moscow. Resolutions of the Moscow Region Governor No. 176-PG dated April 10th, 2020 and No. 177-PG dated April 11th, 2020 introduced similar measures within Moscow Region ...
The COVID-19 pandemic with contact restrictions and travel bans also poses challenges for civil proceedings. In the future, the functionality in pandemic times could be the material factor for the choice between state courts and arbitral courts because flexibility and options for responding to the COVID-19 pandemic are varying. State court proceedings Despite the COVID-19 restrictions, court deadlines must still be met ...
