On April 14, 2010, the Texas Commission on Environmental Quality (“TCEQ”) Commissioners are scheduled to consider proposing new rules that would significantly restrict the ability of companies who rely upon Standard Permits and Permits by Rule (“PBR”) for air quality authorizations to install new facilities or expand or modify existing facilities ...
Under the new system, GPs will indicate whether the patient is "unfit for work" or "may be fit for work". In the latter case, he will advise of any adjustments to the employee's role or work environment from which the employee may benefit. These might include a phased return, restricted duties, altered hours or even physical adaptations to the workplace ...
Dear Sirs, On March 11, 2010 the President of the Russian Federation Dmitry Medvedev introduced in the State Duma the draft of Federal law No. 341071-5 “On alternative dispute resolution procedure by way of mediation (a mediation process)” ( “the Draft law”). It is to be applicable from January 1, 2011. View More
The EPA said Monday that it will begin regulating greenhouse gas emissions no earlier than January 2, 2011. The EPA announcement came in its March 29, 2010 decision regarding reconsideration of the December 18, 2008 memorandum from then EPA Administrator Stephen Johnson (“the Johnson Memorandum”) that addressed when air pollutants become regulated pollutants under the federal Clean Air Act (“the Act”) ...
The National Labor Relations Board (“NLRB”) is finally moving towards its full complement of five members. On March 27, 2010, President Barack Obama made two recess appointments (a procedure not requiring legislative approval), increasing the NLRB’s membership from the two that have been serving the past couple of years to four members. The appointments still leave the NLRB one member short; however, three members constitute a quorum that can unquestionably decide cases before the Board ...
Over the last several years, the environmental agencies have increased their focus on air quality issues associated with oil and gas production activities. For example, EPA withdrew its memorandum that limited the extent to which production facilities could be combined with processing facilities for evaluation of federal air permitting requirements. On March 23, 2010, both EPA and the TCEQ announced new proposals that would increase air quality regulation of the oil and gas industry ...
In Brazil the payment of profit sharing is regulated by Law # 10101/2000 (“Profit Sharing Law”), which sets the terms and conditions that the company’s plans have to meet in order to have such payments excluded from the basis of calculation of the mandatory labor benefits (vacation bonus, 13th salary, etc.) and the social security contributions ...
Academics are often called to give evidence as expert witnesses and use the name of their employer institution in doing so. Indeed, an association with a well-known tertiary institution is often a drawcard when selecting an expert witness. As the discussion below demonstrates, an expert's role is not necessarily straightforward ...
The decision by an employer to off er a pension plan to its employees is an important one. Various types of pension plans may be off ered, and the financial risk of the employer depends on the type of plan chosen.While unions and employees generally prefer defined benefit pension plans,(1) employers are now very reluctant to implement such plans because of the financial liability they entail ...
A landmark High Court decision handed down yesterday will have a significant impact on how regulators approach prosecutions of employers for breaches of occupational health and safety laws (OHS laws) across Australia ...
The Apprenticeships, Skills, Children and Learning Act 2009 (the "Act") received Royal Assent on 12 November 2009. Among other things it introduces a new statutory right for employees to request time off from work to study or train. From 6 April 2010 the new right only applies to employers with 250 or more employees. It is expected to apply to all other employers from 6 April 2011 ...
The Pay Equity Act (hereinafter the “Act”) celebrated its 10th anniversary in 2006. To mark the occasion, the Commission de l’équité salariale took stock of what had been achieved. After completing this analysis, on May 27, 2009, the National Assembly passed Bill 25, which made several amendments to the Act. These amendments came into force on May 28, 2009 ...
On February 2, 2010, the Securities and Exchange Commission (the “SEC”) announced guidance regarding public companies’ disclosure obligations related to climate change.1 On February 8, 2010, the SEC published that guidance in the Federal Register, at which time it became effective. As a result, calendar year-end companies with upcoming annual reports on Form 10-K should evaluate whether their disclosures concerning climate change are consistent with the new guidance ...
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 ...
In light of recent case law on who properly qualifies as the employer of employees hired through an employment agency, it is essential for every organization to review its operating procedures to be sure of their legal and financial implications. This review, which we perform on behalf of managers of facilities in the heath-care industry, is effective in ensuring the sound management of the organization and preventing litigation ...
On January 27, 2010, the Securities and Exchange Commission (the “SEC”) voted to provide interpretive guidance on SEC disclosure requirements as they apply to business or legal developments relating to the issue of climate change ...
The U.S. Environmental Protection Agency (EPA) has published its proposal to strengthen the national ambient air quality standards (NAAQS) for the main component of smog, ground level ozone. EPA proposed in the Federal Register on Jan. 19, 2010 to set the ozone standard between 60 and 70 parts per billion (ppb). In 2008, the Bush Administration set the standard at 75 ppb ...
On January 1, 2010 the Federal law “On amendment the Federal Law “On the employment of the population in the Russian Federation” (hereinafter – the “Law”) came into force. The Law provides for the equal rights to the dismissed citizens, who worked under employment contract with individual entrepreneurs and to those who were dismissed from legal entities ...
January 1, 2010 ¨C GHG Reporting Requirements in Effect As of January 1, 2010, "single facility operations" and "linear facilities operations", located in British Columbia and emitting 10,000 tonnes or more of greenhouse gases (GHGs) per year will be required to register with the Ministry of Environment (MOE), collect emissions data, and report their GHG emissions ...
As widely expected, President Obama signed the Department of Defense Appropriations Act of 2010 (the Act), which continues and enhances the governmental subsidy of COBRA continuation coverage. The COBRA subsidy was included in the American Recovery and Reinvestment Act of 2009 to provide assistance to employees, and their families, who were involuntarily terminated from employment. The subsidy originally applied to employees terminated between Sept. 1, 2008 and Dec ...
On Jan. 6, Environmental Protection Agency Administrator Lisa Jackson announced that the EPA is proposing to revise downward the primary National Ambient Air Quality Standard (NAAQS) for ozone. The primary standard was established to protect human health. The agency also proposes to develop a new secondary standard, established to protect public welfare ...
The fifth anniversary has just passed of the Constitutional Court’s 2004 ruling which declared that Article 158 and certain other articles of the Manpower Law in relation to serious misconduct were against the Indonesian Constitution. Effectively, an employer could not immediately terminate an employee for serious misconduct but had to wait for a court judgment of guilt before initiating termination ...
With the current recessionary climate there has been a significant increase in redundancies and other dismissals. This has led to an inevitable increase in the use of compromise agreements whereby an employee signs a document agreeing not to bring particular employment or contractual claims in exchange for a financial settlement.Here we look at some of the key issues in considering how termination payments could be structured ...
Over the last ten years, Quebec soc iety has frequently been called on to establ ish means for integrating human rights in the workplace, particularly with respect to accommodation matters ...
In the case of Leung Ka Lau & Ors v The Hospital Authority [2006] HKEC 399, doctors working in public hospitals successfully claimed compensation in the Court of First Instance for "rest days" and "holidays" for which they had been deprived but lost their claim on compensation for "overtime" worked (Please refer to our newsletter issue 2006.2) ...
