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New UAE Labor Law – Initial Thoughts
Afridi & Angell, November 2021

The long-awaited Labor Law has been published in the Federal Official Gazette and is scheduled to take effect on 2 February 2022. The new Law, Federal Decree-Law No. 33 of 2021, replaces the previous 1980 statute in its entirety. The new statute does not constitute a fundamentally different approach to labor relations in the UAE, but it does introduce important reforms.   I will discuss a few of these in this note and save a lengthier discussion for a future inBrief...

Minimal! - Court of Appeal Reduces the Post-Employment Duty of Loyalty
Lavery Lawyers, November 2021

Suppose that your best employee, the up-and-comer you?ve been training for several years, resigns. It?s terrible news for you, especially amid a labour shortage. And, to top it off, their new employer is your main competitor...

Norwegian Court of Appeal rules on the MV «Cheshire» litigation
Simonsen Vogt Wiig AS, November 2021

The dispute relates to MV «Cheshire» incident in 2017, where a cargo of 42,000 metric tons of fertiliser was subject to a major decomposition incident off Gran Canaria, during a voyage from Norway to Thailand. The fertiliser was completely damaged and the vessel was declared a total loss. The cargo owners held the ship owners jointly liable for the cargo damage. Bibby Transport Ltd and a number of H&M insurers held the fertiliser producer liable for the damaged vessel...

DEA Considering Regulation of Telepharmacy Practice
Dinsmore & Shohl LLP, November 2021

On Nov. 17, 2021, the United States Drug Enforcement Administration (DEA) released an advanced notice of proposed rulemaking (the Notice) concerning its potential development of telepharmacy regulations...

Landmark FDA Proposal Seeks to Open Hearing Aid Manufacturing Market and Provide Millions with Access to Care
Dinsmore & Shohl LLP, November 2021

On Oct. 19, 2021, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would establish a new category of over-the-counter (OTC) hearing aids. The rule came in response to President Joe Biden’s July 9 executive order, which among other things, calls for wide availability of low-cost hearing aids in order to promote economic competition...

CMS Removes All Nursing Home Visitation Restrictions as COVID-19 Cases Decrease
Dinsmore & Shohl LLP, November 2021

In order to continue addressing the impacts of COVID-19 on nursing home residents, the Centers for Medicare & Medicaid Services (CMS) recently issued a memo updating guidance for nursing home visitation. You can read the full memo here. Early in the pandemic, CMS implemented visitation restrictions to mitigate the risk of visitors introducing COVID-19 to nursing homes. Now, CMS is updating its guidance and allowing visitation for residents at all times...

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals
Schwabe, Williamson & Wyatt, November 2021

On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay implementation of OSHA’s November 5, 2021 Emergency Temporary Standard (the “ETS”) requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask...

Latest Gender Pay Gap Figures and What They Reveal
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...

Gender and Ethnicity Pay Gap Reporting 2021 and Beyond
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...

Shoospeak HR podcast - Episode 18: Supporting employees experiencing domestic violence
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...

New Law Shifts Liability for Certain CalPERS Benefit Overpayments to Employers
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...

Raising the Stakes on Crypto Compliance: Infrastructure Bill Imposes Felony Charges for Digital Asset Reporting Failures
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...

Infrastructure Investment and Jobs Act Delivers Optimism for Transportation Industry
Schwabe, Williamson & Wyatt, November 2021

Those of you working in the transportation, ports, and maritime industry have a lot to look forward to as America’s roads, railways, ports, and other transportation infrastructure are expected to see improvements now that Congress passed the $1.2 trillion Infrastructure Investment and Jobs Act, H.R. 3684...

Latest Federal Court Cases, 11/15/21
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...

National Labor Relations Board to Enforce Bargaining Duties to Accomplish COVID Vaccination and Testing Policies
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...

OP-ED: Making (Some) Sense of Evolving Vaccine Mandates for Employers
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...

Why a sponsor licence can help your business combat labour shortages
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...

Clause and effect: “see to it” and “on demand” guarantees
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...

Value for Members: New Regulations for Occupational Defined Contribution Schemes
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...

Philippines: Guidelines on the Submission of Monthly Reports of Private Employment Agency and Renewal of PEA Licenses in Light of the Pandemic
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...

Philippines: BSP Guidelines on Digitization of Customer Records
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...

OIG Revises and Renames its Provider Self-Disclosure Protocol
Dinsmore & Shohl LLP, November 2021

On Nov. 8, 2021, the U.S. Department of Health & Human Services Office of the Inspector General (OIG) updated and renamed its Provider Self-Disclosure Protocol. Now called the Health Care Fraud Self-Disclosure Protocol (SDP), the OIG’s revisions are the first changes to the SDP since 2013. We report on the key elements of these changes below...

Broadband Bonds and Carbon Capture Bonds: Two New Tax-Exempt Bond Categories in Bipartisan Infrastructure Bill
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...

Flexible working: the good, the bad and the ugly
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...

Supreme Court gives landmark judgment in Lloyd v Google data breach litigation
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...

 

 

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