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Shoosmiths LLP | November 2021

Early last month, all companies, charities and public sector departments with 250 or more employees were required to submit their gender pay gap reports for the financial year 2020/2021. So what did the reports show? Progress is slow The initial analysis by the BBC showed little change since the last financial year. Whilst there were more businesses reporting in time for the deadline, this hasn’t affected the overall gender pay gap of 10.4%, which remains as it had been ...

Shoosmiths LLP | November 2021

With the 5 October 2021 deadline for reporting 2020 gender pay gaps now passed, the impact which the pandemic has had on progress to reduce gender pay gaps can clearly be seen. The effect of furlough and childcare on women over the past 18 months coupled with the financial strain many organisations have been under has resulted in, at best, no change in gender pay gaps and, at worst, an increasing gap between the average pay of men and women ...

Shoosmiths LLP | November 2021

Our Shoospeak HR podcast welcomes special guests Peter Morris (Partner in the Shoosmiths' family team) and Mahdiya Malik (HR and CSR Manager at Vaultex). Shoosmiths colleague Andy Graham chats to special guests Peter Morris (Partner in the Shoosmiths family team) and Mahdiya Malik (HR and CSR Manager at Vaultex) about Vaultex's recent introduction of a domestic violence policy ...

Hanson Bridgett LLP | November 2021

Key Points Starting in 2022, CalPERS contracting agencies will bear the risk of certain overpayments to retirees that result from compensation reporting errors. The employer, rather than the retiree, will have to repay the overpayment and pay a “penalty” based on the present value of future benefit payment adjustments ...

DFDL | November 2021

The Ministry of Interior issued a new Prakas No. 2644 PK dated 19 October 2021 on the Establishment and Management of Mandatory and Voluntary Taskforces for Fire Prevention and Firefighting (“Prakas 2644”) ...

Hanson Bridgett LLP | November 2021

Key Points New tax reporting provisions on cryptocurrency, as well as criminal consequences for noncompliance, survived in the Infrastructure Investment and Jobs Act (H.R. 3684) signed into law. The legislation imposes potential felony charges for failures to report certain "receipt" of digital assets, as well as expands the definition of "broker" to target crypto exchanges. On November 5, 2021, President Biden signed the Infrastructure Investment and Jobs Act into law ...

Schwabe, Williamson & Wyatt | November 2021

Apple Inc. v. Qualcomm Inc., Appeal Nos. 2020-1683, -1763, -1764, 1827 (Fed. Cir. Nov. 10, 2021) Our Case of the Week reinforces a developing body of law concerning standing to appeal from an adverse PTAB decision in an IPR.  This is the second such decision arising from a global settlement between Apple and Qualcomm this year.   We wrote about the first case, in April this year, here ...

Dinsmore & Shohl LLP | November 2021

On Nov. 10, 2021, the General Counsel’s Office of the National Labor Relations Board issued a guidance memorandum [OM 22-03] dictating employers and unions will be required to engage in decision bargaining over discretionary aspects of vaccination policies required by the OSHA Emergency Temporary Standard mandating COVID vaccinations and testing. Under the OSHA Emergency Temporary Standard (ETS), employers must create Vaccination and Testing Policies by Dec. 6, 2021 ...

Shepherd and Wedderburn LLP | November 2021

  Between Brexit and the pandemic, the UK is experiencing its most severe labour shortage since the 1990s. Businesses can mitigate against these recruitment issues by obtaining a licence from the Home Office to sponsor foreign staff.  A sponsor licence may not magically generate willing workers, but it will ensure the holder remains agile when an international recruitment opportunity arises ...

Shepherd and Wedderburn LLP | November 2021

  In the recent case of Shanghai Shipyard Co. Ltd. V. Reignwood International Investment (Group) Company Limited [2021] EWCA Civ 1147 the Court of Appeal (COA) unanimously overturned the first instance decision and found a parent company guarantee to be a guarantee “on demand”. Despite arbitration proceedings having commenced under the underlying contract, the COA found the guarantor liable to pay $170 million under the guarantee ...

Shoosmiths LLP | November 2021

As it draws to a close, COP26 has seen world leaders aim to reach a consensus on actions to keep global warming to 1.5 degrees Celsius and the adoption of electrical vehicles (EV) has been cited as a critical step in achieving that aim. According to data from the Scottish Greenhouse Gas Statistics published by the Scottish Government, the transport sector is the largest emitter of greenhouse gases in Scotland, accounting for around 30% of all emissions ...

Schwabe, Williamson & Wyatt | November 2021

For the unaided construction contractor, navigation of changing vaccine mandates can be daunting, and it is no wonder there continues to be confusion about these mandates’ effects. Members of the construction industry have been discussing these rules in terms of how they apply to contractors working on federal or state projects ...

DFDL | November 2021

Pursuant to the Department of Labor and Employment (“DOLE”) Department Order Nos. 216 and 217, Series of 2020 (collectively, “Department Orders No. 216 and 217”), Private Employment Agencies (“PEAs”) are required to submit a hard copy of the monthly recruitment and placement reports to the appropriate Regional Office of the DOLE within seven (7) days after each reference month ...

DFDL | November 2021

Circular Letter No. CL-2021-080, issued on 18 October 2021 by the Bangko Sentral ng Pilipinas (“BSP”), disseminates to all BSP-Supervised Financial Institutions (“BSFI”) the Anti-Money Laundering Council’s (“AMLC”) Guidelines on Digitization of Customer Records (“DIGICUR”) adopted via the AMLC Regulatory Issuance (“ARI”) A, B, and C, No. 2, Series of 2018 ...

Shoosmiths LLP | November 2021

New regulations are in force that require occupational pension schemes providing defined contribution (DC) benefits to demonstrate value for members or face consolidation. The New Regulations The Occupational Pension Schemes (Administration, Investment, Charges and Governance) (Amendment) Regulations 2021 (the new regulations) came into force on 1 October 2021 ...

Shoosmiths LLP | November 2021

As we begin to move beyond the pandemic, flexible work looks set to remain the norm. We consider how employers can successfully navigate long-term hybrid working models and ensure that they minimise any associated disadvantages. We recently commented in a previous post on the detrimental effect that a ‘day one’ right to flexible work could have - in particular, highlighting the potential impact on junior employees ...

Shoosmiths LLP | November 2021

In Lloyd v Google, the Supreme Court denied claims for mere 'loss of control' and ruled against mass class actions for data claims. Here, Philip Tansley and Matthew MacLachlan consider the court's reasoning and the broader implications for such claims. Case In its landmark judgment today, the Supreme Court unanimously held that a representative class action brought on behalf of approximately 4 ...

Shoosmiths LLP | November 2021

In Kabab-Ji SAL v Kout Food Group, the UK Supreme Court recently considered the question of which system of law the English courts must apply to decide whether there is an enforceable arbitration agreement.  This case illustrates the different approaches taken in determining questions of applicable law and the consequences this can have for both annulment and enforcement proceedings in different countries ...

Dinsmore & Shohl LLP | November 2021

Two new categories of tax-exempt bonds were created by the Infrastructure Investment and Jobs Act (H.R. 3684) (the Act) adopted by the House on Nov. 6, 2021: “Qualified Broadband Projects” and “Carbon Dioxide Capture Facilities ...

Shoosmiths LLP | November 2021

The financial sector has seen its fair share of discrimination cases and the trend continues. In Lacatus v Barclays Executive Services Limited the Employment Tribunal turned its mind to sexism. A female Analyst in the Rates Options Structured Trading Middle Office department brought a number of claims against the bank, including a sex discrimination and harassment claim centred around her line manager’s repeated use of the word “bird” to describe a woman ...

Shoosmiths LLP | November 2021

In this update, we’re looking at the hot topic of returning to the office post-pandemic. Q: What’s the direction of travel on working from home in financial services? While many industries have embraced hybrid working, financial services has generally been less enthusiastic about the idea of staff continuing to spend a significant proportion of their working time at home ...

Shepherd and Wedderburn LLP | November 2021

  The HSE has prosecuted a contractor after it identified multiple health and safety issues during a COVID-19 ‘spot check’ at a site in Manchester. This is the first prosecution to arise from the HSE’s Spot Check programme. Background Throughout the pandemic, HSE inspectors performed a number of proactive COVID-19 spot checks (reportedly over 316,000) at construction sites across the UK ...

  By Supreme Decree Nº 023-2021-PRODUCE published in the Official Gazette "El Peruano" on November 8, 2021, the new Single Text of Administrative Procedures - TUPA of the Ministry of Production - PRODUCE was adopted, according to Annex Nº 1 that is an integral part of the decree, which is published in the Institutional Portal of the Ministry of Production (www.gob ...

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