In the second session of our latest Brexit Insight: Immigration webinar series, we shared some of our and our clients’ experiences on the new immigration system and changes to right to work document checks, 8 weeks on from the end of free movement for EU workers. We also touched upon the new application process and relevant timescales ...
California employers should assess their meal period policies and practices in light of the California Supreme Court's February 25, 2021, decision in Donohue v. AMN Services, LLC (Donohue). This ruling: (1) prohibits California employers from rounding time punches for meal periods and (2) holds that time records showing non-compliant meal periods will raise a rebuttable presumption of liability for meal period violations ...
With the new year comes a new president. Will the new year and administration also bring new water policy? Bet on it. Just as President Trump undid President Obama’s signature water policy decision—the Clean Water Rule, which clarified and arguably expanded federal water permitting jurisdiction—President Biden is likely to rewind many of President Trump’s water policy (and, more generally, environmental policy) decisions over the next four or more years ...
On February 22, the government extended the state of emergency by 90 days, to May 23. The extension also applies to the transitional provisions the government passed in the earlier phase of the pandemic for the protection of health and the economy. Among these transitional rules is the so-called Home Office Decree. This decree relaxed the regulation in the field of the otherwise strict and rigid rules pertaining to teleworking and home office work ...
It is not unusual for an employee to raise a grievance during their employment. However, this can become the default position, often when the working relationship breaks down. We consider some practical steps for employers to take when this occurs. What is a grievance? The Advisory, Conciliation and Arbitration Service (ACAS) defines a grievance widely as any complaint, concern or problem that an employee wishes to raise with their employer ...
Since the decision of the House of Lords in the case of Moncrieff v Jamieson, it has been settled in Scots law that a servitude right of parking can exist as an ancillary right to a servitude right of vehicular access. A recent decision of the Sheriff Appeal Court (Johnston v Davidson & Milne [2020] SAC (Civ) 22 FFR/A103-18) provided welcome further guidance from the Sheriff Appeal Court as to when such an ancillary right will be implied ...
The Shoosmiths pensions team has hosted a webinar for non-pensions professionals, trustees and company directors to provide an oversight of pensions issues likely to effect businesses over the next 12 months ...
Cal-OSHA’s COVID-19 regulation remains in effect after the trial court rejected a motion for a preliminary injunction filed by a coalition of employers. This included challenges to: (1) compensation for employees excluded from work; (2) mandated testing; and (3) health and safety requirements for employer-provided housing and transportation. Therefore, employers must continue to abide by the requirements of the emergency regulation ...
Claims of bad faith present unique challenges for insurers (and their counsel) with respect to attorney-client privilege: if the insurer’s state of mind is at issue, is the legal advice on which the insurer relied also at issue, thereby waiving the privilege? And if so, under what circumstances? The following addresses this issue in the context of a common practice for insurance counsel—authoring denial letters—and two recent holdings that should serve as warnings in th
Legal Notice 59 of 2021 has amended the annual leave provisions in the Organisation of Working Time Regulations (S.L. 452.87). With effect from the 1st of January 2021, the days of annual leave have been reduced from 27 days to 24 days but employees shall be entitled to an additional day of annual leave in respect of public or national holidays falling on a Saturday, Sunday or weekly day of rest ...
This week, Westlaw Today published an article by Dinsmore partner J.T. Wilson III about the generational shift in attitudes toward racial equity in light of George Floyd's death and about how business owners and employers must react accordingly ...
The recent CIS v IBM decision touches on two topical issues in IT disputes: maintenance and replacement of legacy systems, and use of agile implementation methodologies. It is also a useful reminder of some important basics regarding the management of troubled IT projects. The case and the issues The claimant (Co-op) was the insurance business of the Co-op group ...
New research from the CIPD has confirmed that LGBT+ employees experience higher level of work-based conflict, and almost one in five transgender workers feel psychologically unsafe at work. The CIPD’s recent report, Inclusion at work: perspectives on LGBT+ working lives confirms that while workplace inclusivity is fundamental to good, fair work and positive employee outcomes, many organisations have been slow to make headway to support their LGBT+ workforces ...
Is Wi-Fi sickness a disability? The California Court of Appeal just said it is in Brown v. Los Angeles Unified School District (2d Dist., Div. Eight), Case No. B294240. In a case that tests the limits of California’s liberal pleading standard, the appellate court green-lighted a claim of a woman who asserted a disability of “electromagnetic hypersensitivity,” or, as the concurring justice put it, “Wi-Fi sickness ...
As of March 11, 2020, the date on which the World Health Organization (WHO) declared COVID-19 a pandemic, States have taken various measures such as social distancing, restriction of free movement, the closure of borders, among others, which have undoubtedly had a decisive impact on people in general, and especially on workers and employers ...
We wish to bring to your attention that the deadline for applying for foreign employee work permits for 2021 with the Ministry of Labour and Vocational Training (“MLVT”) is 31 March 2021. This obligation applies to every employer in Cambodia employing foreign employees, including representative offices, branches, private or public limited companies, non-governmental organizations and associations ...
On February 15th, 2020, Law No.21,312 (hereinafter, the “Law”) was published in the Official Gazette, which extends the enforcement of the benefits and entitlements established in Title I of law No.21,227 (“Employment Protection Act”) and in Law No.21,263 (that temporarily amends the requirements to access and increases the amounts of the benefits of the unemployment insurance) and grants new provisions with charge to the unemployment mutual aid fund ...
In M&K Holdings, Inc., v. Samsung Electronics Co., Ltd., 2020-1160 (Fed. Cir. Feb. 1, 2021), the Federal Circuit found that the Patent Trial and Appeal Board (Board) violated the Administrative Procedure Act (APA) by finding a patent claim unpatentable using a “markedly” different theory from the one the patent challenger presented. In this case, the patent challenger (i.e ...
In its conference on Feb. 19, the U.S. Supreme Court is scheduled to consider two pending petitions for certiorari that could resolve a critical but deeply disputed issue that impacts both the False Claims Act and health care law. The cert petitions in those cases — U.S. v. Care Alternatives,[1] and Winter v ...
Virginia is now the first state in the nation to enact permanent COVID-19 workplace safety and health standards. In late January, the Virginia Department of Labor and Industry (DOLI) adopted the Virginia Occupational Safety and Health (VOSH) Program. The program promulgates a new standard that supersedesVirginia’s Emergency Temporary Standard from July 2020 ...
Several key changes to existing legislation have been made due to the Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 coming into effect. We run through what you need to know. The amendments, which came into force on 2 December 2020, have been welcomed by debtors and mental health campaigners, who have argued for years that changes were required to the form and content of default notices ...
Several key changes to existing legislation have been made due to the Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 coming into effect. We run through what you need to know. The amendments, which came into force on 2 December 2020, have been welcomed by debtors and mental health campaigners, who have argued for years that changes were required to the form and content of default notices ...
