Changes to the off-payroll working rules for private sector organisations originally planned for April 2020 will now come into force from 6 April 2021. As a result, large and medium sized organisations engaging contractors through an intermediary will have various responsibilities and potential liabilities ...
When Alabama’s Legislature convenes for its annual session on February 2, lawmakers will once again be asked to consider a bill that would provide certain Alabamians with access to medical cannabis ...
An Eleventh Circuit panel has breathed new life into a long-running, $248 million False Claims Act (FCA) qui tam case, United States ex rel. Bibby v. Mortgage Investors Corp.,[1] reversing the district court’s grant of summary judgment for the defendants.[2] Materiality lay at the heart of the case, which involved allegations that the defendant finance companies misled the U.S ...
The government’s recent announcement of its plan to roll-out the Coronavirus (COVID-19) vaccine nationwide has triggered many questions and concerns, highlighting a collision of seemingly conflicting rights and obligations in various spheres of life. With the first vaccines arriving on our shores on 1 February 2021, there are likely some employees out there who are not as excited about the arrival of the vaccine as their employers are ...
A new Royal Decree published on 21 January 2021 in the Belgian Official Gazette has temporarily extended the occupational doctor's role in combatting the Covid-19 virus ...
It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state anti-discrimination laws. For example, a Baptist organization may apply a preference for members of the Baptist Church in its hiring decisions ...
i. To extend until December 31st, 2021, the occupational emergency declared by the Necessity and Urgency Decree No. 34/2019. ii. To extend the prohibition of dismissals without just cause and for the causes of lack or reduction of work and force majeure for a period of 90 days as of the expiration of the term established by Decree No ...
Imagine you instruct an employee to get tested for the Covid-19 virus infection. The employee refuses the test, claiming that the employer is not authorized to instruct him to take such a test. Moreover, the employee claims he had been vaccinated against Covid-19. What is the legal situation? 1 ...
Labor Court Siegburg 11/11/2020 - 4 Ca 1240/20 Short-time work continues to be omnipresent in many sectors of the economy due to the Covid 19 pandemic. A recent decision by the Labor Court Siegburg once again emphasizes that the ordering and implementation of short-time work requires careful preparation on the part of the company in terms of labor law in order to avoid unpleasant surprises ...
In the fight against the further spread of the Corona virus, the federal government issued the so-called Corona Occupational Health and Safety Ordinance on January 21, 2021, which has come into force on January 27, 2021, and remains effective until March 15, 2021 ...
An Eleventh Circuit panel has breathed new life into a long-running, $248 million False Claims Act (FCA) qui tam case, United States ex rel. Bibby v. Mortgage Investors Corp.,[1] reversing the district court’s grant of summary judgment for the defendants.[2] Materiality lay at the heart of the case, which involved allegations that the defendant finance companies misled the U.S ...
Under the Trade Deal, the UK has agreed and committed that it will not reduce the level of protection for workers and that it will not reduce employment law rights below the standards that exist as at 31 December 2020 in a manner that affects trade or investment ...
With certain protections now being likely to protect pregnant employees, those on maternity leave and those returning from leave for longer in certain redundancy situations, how can employers mitigate their risks? Employees who are pregnant, who are on (and who are returning from) maternity leave have the legal right not to be treated less favourably or discriminated against by their employer under both the Maternity and Parental Leave etc. Regulations 1999 and the Equality Act 2010 ...
For the first quarterly update of the year, we look back at some of the key employment law cases from the past three months and the lessons we can learn from them. Discrimination The case of Higgs v Farmors School considered whether Christian beliefs that gender cannot be fluid and that someone cannot change their biological sex or gender were protected beliefs under the Equality Act 2010. Mrs Higgs is a Christian and was employed in Farmor’s school as a pastoral administrator ...
Following the Christmas Eve agreement between the UK and EU signing the Trade and Co-Operation Agreement (“Trade Deal”), we consider what impact the Trade Deal may have on employment law. The UK is free to modify or diverge from any future EU employment laws, however, if such changes have a material impact on trade or investment, the EU (subject to certain constraints and an arbitration process) may apply “rebalancing measures ...
Not surprisingly, COVID-19 business interruption insurance disputes dominated media headlines for most of 2020. Nonetheless, there were a number of other insurance rulings that will undoubtedly shape the coverage landscape. Policyholders enjoyed a number of significant wins including significant victories related to COVID-19 business interruption cases. The start of a new year gives us an opportunity to highlight some of 2020’s most notable coverage decisions ...
Banco de Portugal Communication on the Retail Banking Markets Monitoring Report of 2019. Banco de Portugal Communication on the deadline for restoration of capital and liquidity reserves ...
A new Angolan Public Procurement Law (“PPL”) has been approved recently. Law 41/20 of 23 December revokes Law 9/16 of 16 June and will enter into force on 22 January 2021. The new law will apply to all public procurement procedures beginning after that date and to the performance of subsequent contracts ...
This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page. You’d think we had it all: beautiful open plan office spaces, meeting rooms with floor to ceiling glass walls, digital collaboration platforms, virtual meetings… ...
In a scenario that has played out across the country for nearly a year now, a group of restaurants based in Ohio were ordered by government authorities to close their on-site dining operations to abate the spread of the coronavirus. However, when the restaurants sought insurance coverage for their loss of business income, their insurer, Zurich American Insurance Company, denied coverage. Last week, the U.S ...
Two federal cases in the Northern District of Ohio recently reached very different conclusions on whether the state’s COVID-19 shutdowns of restaurants permit valid claims for business interruption insurance coverage. Reviewing essentially the same facts and policy provisions, one court found for the insurer, holding no coverage to exist. The other found for the policyholder, awarding coverage. The opposite results will no doubt lead to further upcoming appellate activity in Ohio ...
On 18 December 2020, the Securities and Futures Commission (SFC) issued a public consultation paper (Consultation) on proposed amendments to the Code on Pooled Retirement Funds (PRF Code). The proposals are part of the SFC’s holistic review of the PRF Code following the revision of the Code on Unit Trusts and Mutual Funds (UT Code) which was implemented in 2019 ...
CONGRESS PASSES TRADEMARK MODERNIZATION ACT LEGISLATION In December 2020, the U.S. Congress took action that will have a significant effect on brand holders. At the end of the year, Congress passed the Trademark Modernization Act (“TMA”) that, inter alia, provides additional tools to the USPTO to respond to the rise in improper behavior in trademark filings including filing fraudulent claims of use ...
