Telehealth is not a new concept, but it has been accelerated to the forefront recently by government mandated social distancing. While all of the "stay-at-home" orders issued across the country to date have included exceptions that permit individuals to leave their homes to seek medical treatment, providers may feel an obligation to offer telehealth services to protect not only their patients, but also the provider's staff, and to support the national effort to "flatten the curve ...
Employers, imagine that your employees’ use of Facebook and Twitter is akin to being at the controls of a forklift. Consider the employee who is angry because he has not been adequately trained and is tired of having to be on call 24/7, or the employee who is upset because she believes overtime is being unfairly distributed among company personnel ...
Employment cases involving teachers can involve particularly nuanced considerations for schools. It is not easy to balance safeguarding duties with employment law obligations. We look at a recent case which highlights this very issue. The welfare and safety of children is at the heart of every educational establishment’s ethos, but balancing safeguarding duties with the legal rights of teachers can present difficulties ...
Some unexpected changes have highlighted the introduction of new employee share scheme legislation, which received Royal Assent on 14 December 2009. Companies will need to give the legislation close consideration given the impact it will have on employee equity plans, particularly the drafting of plan rules and offer documents ...
On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its numerous tax reform proposals. The proposals will be subject to continued negotiations and are not law. But, the proposals are an indication of what may be coming soon ...
Bonnie Mayfield, Bloomfield Hills-based attorney and member in Dykema’s Litigation Practice, co-authored an article—“Tangible Results Speak Louder Than Well-Intentioned Inclusion Words,”—which appears in the August issue of DRI’s monthly publication, For The Defense. Thomas L. Sager, then Senior Vice President and General Counsel for DuPont Legal, was the other co-author ...
Employers nationally continue to struggle with how to respond and adapt to the ever- changing landscape that is the Patient Protection and Affordable Care Act (often known as ObamaCare or the ACA). We at Spilman Thomas & Battle will continue to work with you through 2013 and beyond as the implementing regulations for the ACA continue to be issued. We are working to identify strategies to help employers navigate the process in the manner that best serves their respective industries ...
On 22 December 2022, the Commissariat aux Assurances (the CAA) released Circular Letter 22/22 on the takeover of intermediation in certain types of life insurance contracts (Circular 22/22).This circular provides guidelines on issues that may arise in the context of a takeover of insurance intermediation (reprise d’intermédiation). 1 ...
All employers who were required to publish a Gender Pay Gap Report1 for the financial year 2017-2018 have now done so. A report published by the UK Parliament’s Business, Energy and Industrial Strategy (BEIS) Committee2 has confirmed that 78% of organisations have gender pay gaps that favour men, and that the national gender pay gap median is around 18%. The picture is worse in certain sectors, where it was found that gender pay gaps of over 40% were “not uncommon” ...
Since the UK left the EU there have been monumental changes to immigration law that employers should consider while planning future recruitment and team structures. The free movement of people has ended and with it comes the need for EU workers to register under the European Settlement Scheme by 30 June 2021, the Skilled Worker visa and changes to other existing routes under the points-based system and even new routes ...
Much has been reported about harassment in the workplace, not least the Fawcett Society report in 2021 which showed at least 40% of women experience sexual harassment during their career. Progress in this area is slow as recent case law demonstrates ...
We are seeing an increase in the use of warranty and indemnity insurance (W&I) on transactions, which is a theme we expect to continue as buyers target companies that are in financial distress in the wake of Covid-19. W&I has become commonplace in the UK M&A market as a way to ‘bridge the gap’ between buyer and seller when allocating risk ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) has kept its Tier 1 ranking in M&A and Restructuring and Insolvency in the latest rankings released by IFLR1000, the guide to the world’s leading financial and corporate law firms. Earlier this year, SyCipLaw also received Tier 1 rankings in Banking, Capital markets: Equity, Project development, and in Project finance ...
SyCipLaw''s Employment & Immigration Update (Volume XV, Issue 1) features updates and articles on issuances from the Department of Labor & Employment (DOLE), including the new guidelines on contracting and subcontracting, and the implementing rules and regulations of theAnti-Age Discrimination in Employment Act,the Data Privacy Act of 2012, and those governingthe employment and working conditions of collectors in the debt collection industry ...
Vol. XI, Issue 1 of SyCip Salazar Hernandez & Gatmaitan's Employment & Immigration Update focuses primarily on the salient provisions of Philippine Republic Act No. 10361, also known as the Domestic Workers Act or Batas Kasambahay ...
Global research company Chambers and Partners recently published the Chambers Insurance & Reinsurance Global Practice Guide 2024, with chapters from the Philippines authored by SyCipLaw partners ...
The global spread of the COVID-19 coronavirus infection has led to significant changes in the Russian retail trade. This pandemic has forced millions of people to stay at home, avoid public places and, of course, buy less. To adapt to the new features of consumer behaviour, retailers need to promptly respond, adapt, or dramatically change their business processes and strategies ...
When the tide of democracy and constitutionalism swept through labour legislation in South Africa from the early ‘90s onwards, domestic workers, for the first time, gained access to important labour rights. However, they remained excluded from two important statutes, the Unemployment Insurance Act, 2001 (the “UI Act”) and the Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA”) ...
Months of working from home have made at least one thing clear – the “Freshman 15” has nothing on the COVID-19. Boredom, stress, and ease of access to the refrigerator has caused many employees to trade in their suits for sweatpants and their heels for flip-flops. As offices see more and more employees return to work, employers may want to consider taking proactive steps to curtail such casual attire in the workplace. Can employers require a dress code? Yes ...
Covid-19 is upending capitalism as we know it. Amid the pandemic, how can businesses rewrite their rule books so as to emerge stronger? Americans have allegedly outbid the French for masks “right on the tarmac” just as the goods were to be flown off to their destination. From Amazon to Rakuten to Carousell, traders exploited fears by price-gouging on masks and hand sanitisers ...
They’ve finally taken the plunge and decided to go it alone, they’re just about to launch the brilliant business plan that’s going to set them up for life and then, out of the blue, granny puts her oar in and everything goes pear-shaped. Just a month ago, we wrote about how Harry and Meghan were set to launch their Sussex Royal brand ...
In the High Court case of Pi Consulting (Trustee Services) Ltd v The Pensions Regulator and others, it has been ruled that 9 suspected liberation vehicles are occupational pension schemes, and therefore are under the jurisdiction of the Pensions Regulator. “Pension liberation” typically occurs where a pension saver is induced to transfer existing pension funds to another scheme, for a fee, in order to obtain access to their pension early ...
Federal Labor Court (Bundesarbeitsgericht; BAG) dated February 19, 2019 – 3 AZR 150/18 A clause in a preworded pension commitment stipulating a minimum of ten years of marriage as per the date of death as a prerequisite for the disbursement of survivors’ benefits violates German general terms and conditions law and is thus void and invalid ...
I lost my home in the 1991 Oakland Firestorm. As such, my heart goes out to the residents of Napa, Mendocino and Sonoma counties whose homes were damaged or destroyed, to the firefighters and first responders who have risked and are risking their lives, as well as to the community, which will also experience the aftermath of such devastating fires ...
