On November 9, 2010, the Equal Employment Opportunity Commission (“EEOC”) issued its much-anticipated final rule implementing Title II of the Genetic Information Nondiscrimination Act (“GINA”), which applies to all employers covered by Title VII of the Civil Rights Act of 1964 (“Title VII”), namely, employers with fifteen or more employees, as well as unions, employment agencies and labor management training programs ...
In a recent case by the Swedish Supreme Court (Sw. Högsta domstolen) (T 4904-08), the burden of proof of payments made by the debtor in relation to a negotiable promissory note was placed on the creditor.Since the borrowers had not confirmed that the debt had not been paid, the transferees were not in good faith in relation to the payment of the debt ...
As of 1 August 2010, two new pieces of legislation governing payment services came into force; the payment Services Act (Sw. Lag (2010:751) om betaltjänster) and the Act on Unauthorised Transactions with Payment Instruments (Sw. Lag (2010:738) om obehöriga transaktioner med betalningsinstrument) ...
A new Consumer Credit Act (Sw. Konsumentkreditlagen (2010:1846)) came into effect on 1 January 2011. The Act implements the Consumer Credit Directive (Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC). The Directive’s purpose is to enhance consumer protection by addressing some of the indebtedness problems caused by text message loans (Sw ...
Until now, several of the provisions of the Credit Information Act (Sw. Kreditupplysningslagen (1973:1173)) that protects the integrity of individuals were not applicable when credit information was shared on the Internet. The reason for this was that such information was protected by the Fundamental Law on Freedom of Expression (Sw. Yttrandefrihetsgrundlagen (1991:1469)) ...
In a recent article we looked at some of the employment risks for customers associated with cloud computing. Following on from Cloud computing: Employment law implications, we now consider how best to assess the other risks associated with cloud computing ...
1.Redundancies in Japan 1 ...
A new version of the “Development, Relief and Education for Alien Minors Act,” or DREAM Act, was filed on November 30, 2010. The DREAM Act was introduced for the first time in 2001, and has undergone many changes since its inception. The essential premise of the bill is to provide a path to lawful permanent residency for individuals who entered the U.S. as minors and do not have legal status ...
The U.S. Supreme Court began its new 2010-2011 term on October 4, 2010 with a number of employment-related cases on the docket, many of which have already been orally argued, that could potentially impact employers concerning such matters as arbitration, retaliation, immigration, and employee benefits ...
Signaling a possible further relaxation of the strict in-person non-immigrant visa interview requirements, the U.S. Embassy in London has indicated that beginning in December the Visa Reissuance Program may be extended to include key business categories such as “H” and “L” and exchange visitors/students under “J” and “F.” The U.S ...
Due to the effects of the recent economic crisis, the need arose to make it easier for insolvent companies to continue their business through a restructuring. Up until now there has been the Bankruptcy Act (Konkursordnung – KO) alongside with the Composition Act (Ausgleichsordnung - AO) in Austria ...
Last August 3, the Honourable Paul Mayer of the Superior Court of Québec dismissed the motion for authorization to institute a class action filed by Mr. Michel Dell’Aniello (“Dell’Aniello”) against Vivendi Canada Inc. (“Vivendi”), the succ essor of his former employer (Seagram) ...
On July 28, 2010, the Tribunal administratif du Québec (“TAQ”) confirmed a decision of the Régie des rentes du Québec (the “Régie”) which had refused to register adverse amendments(1) made to a pension plan despite the consent given to the amendments by the sole member of the plan.(2)The purpose of the amendments was, on the one hand, to replace the 2% pension benefit formula with a 1 ...
Underscoring that PERM (Program Electronic Review Management) is a system of bright-line rules that leave little, if any, opportunity to correct errors once an application is filed, the Department of Labor (DOL) held on October 27, 2010 that the failure to include the business name on the Notice of Filing (Notice) is fatal to the entire PERM labor certification application ...
The new filing fees announced by the United States Citizenship and Immigration Service (USCIS) earlier this year will go into effect on November 23, 2010. Anticipating these changes, which include fee increases and reductions, is important not only to budget planning for sponsors but also for ensuring that your petition is not rejected by the USCIS mailroom as “improperly filed ...
by Peter R. RichCompanies seeking business in the heart of the Marcellus Shale natural gas reserves will find a skilled and experienced workforce. However, as any business owner knows, mistakes made in the hiring process can be costly. With that in mind, we offer the following comments on five specific aspects of Pennsylvania and West Virginia law that are applicable to hiring ...
The Obama-appointed NLRB has now issued its first significant batch of decisions1 serving notice, as is typical in the transition from one administration to the next, of a shift in the interpretation of the labor laws. The decisions include a new standard regarding secondary boycotts and union bannering; potential reconsideration of prior precedent; and a differing application of the law to facts than the predecessor NLRB ...
Coast Mountain Bus Company Ltd. v. National Automobile, Aerospace, Transportation and General Workers of Canada (CAW-Canada), Local 111, 2010 BCCA 447 (B.C.C.A.) In a recent case, the British Columbia Court of Appeal found that Coast Mountain Bus Company’s attendance management program discriminated against employees with disabilities and was not justified on the basis of bona fide occupational requirements ...
Before heading into the pre-election recess, the Senate passed the Veterans’ Benefits Act of 2010 on September 28, 2010. See H.R. 3219, 111th Cong. (2d Sess. 2010). The Act, which passed in the House over one year ago, is a compromise measure between the House and the Senate and encompasses several veterans’ benefits bills. Of notable importance to employers is the Act’s expansion of employee protection under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) ...
On August 27, 2010, the National Labor Relations Board (the “Board”) issued its long-awaited decision in United Brotherhood of Carpenters and Joiners of America, Local Union No. 1506, 355 NLRB No. 159 (2010) – a case that had been pending before the Board since March 2004 - holding that bannering at a secondary employer’s place of business was not an unfair labor practice. The Facts Four non-union employers, Eliason & Knuth, Delta/United Specialties, Enterprise Interiors, Inc ...
IT projects: It’s a team game 28 September 2010 IT projects have a knack of over-running for significant periods, requiring ‘out-of-scope’ changes half way through, and consequently going over budget. Although any project will develop and evolve over time, such problems can be minimised through sensible project management methods. It is not uncommon for IT projects to last several months, if not years, from conception to completion ...
Getting the Deal Through - e-Commerce 2011 Getting the Deal Through published a fully revised and updated seventh edition of e-Commerce, a volume in GTDT's series of annual reports published by Law Business Research. This publication provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people ...
Social networks: Hype and its legal consequences published in: WirtschaftsBlatt,Author: Dr. Axel Anderl, LL.m., Mag. Martina Schmid Social networking platforms like Facebook, MySpace or XING are an increasing popularity. It has never been so easy to operate social networking ...
Dear Sirs, We would like to inform you that Federal law “On amendments to Code of administrative offences of the Russian Federation and the Federal law «On industrial safety of dangerous production facilities» dated July 23, 2010 N 171-FZ will come into force on January 1, 2011 (hereinafter – the Law) ...
Can the parties to an individual employment contract include a clause stipulating that the employee must reimburse his training costs to the employer if he resigns?Upon hiring and throughout the course of employment, employers often require employees to receive training. There are various reasons why employers want their employees to undergo training sessions, such as for safety purposes, special functions, technological changes, requirements of a supplier, etc ...
