We previously provided an update regarding the enactment of a capital gains tax (the “Tax”) in the State of Washington (read about it here). In that article, we noted the Tax was subject to at least one lawsuit in Washington. That lawsuit resulted in the trial court striking down the Tax, which caused an appeal to the Washington State Supreme Court (the “Court”) ...
April 2, 2024 By: Leah Lively and Alexandra Shulman On June 6, 2024, new amendments to Washington State’s noncompetition statute (RCW 49.62) will go into effect, which place further limitations on the use of noncompetition agreements in Washington. Substitute Senate Bill 5935 introduces several modifications to RCW 49.62 that Washington employers (and employers with Washington employees) should be aware of: Broader definition of “noncompetition covenant ...
This article considers whether a notice is valid when served on a party who is specified in the Contract, but no longer holds office and lacks authority to act ...
Stuttgart Labor Court, April 30, 2019 – 4 BV 251/18 Warnings by which employers are reprimanding the exercise of office by works council members and threatening sanctions in accordance with Section 23 Works Constitution Act (warnings under works constitution law) may not be entered in the personnel files of works council members irrespective of their lawfulness ...
A summary of the decision in Allay (UK) Limited v S Gehlen and a reminder to employers to keep equal opportunities training up to date to be able to rely on the all reasonable steps defence under s 109 (4) of the Equality Act 2010. It is common for employers to provide employees with equal opportunities training, to underpin workplace culture as well as to prevent discrimination from taking place. A recent case, however, provides a salutary reminder to keep such training up to date ...
When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the release language is too broad, however, the agreement may provide the government a legal defense to the pass-through claim known as the Severin doctrine ...
In a Judgment handed down on 28 March 2012, Mr. Justice Hartmann JA determined various questions relating to legal professional privilege. The case involved Citic Pacific ...
In commercial contracts there is often a ‘waterfall’ clause, which provides for a dispute escalation process prior to the commencement of formal legal proceedings, leaving litigation as the last resort. Such clauses were determined to be legally binding in Cable & Wireless Plc v IBM United Kingdom Ltd [2002] EWHC 2059 (Comm) ...
According to Panamanian law, all employees must have an employment contract with some mandatory content which cannot be replaced by a job offer. Salary and working hours, must be agreed in this employment contract. The salary could be paid by month, fortnight, week, day or hour, but the practice is to negotiate a monthly salary, which must be at least equal to the minimum wage established by law ...
Employers nationwide are grappling with the new normal to balance how, where, and when their employees will work with the interests of employee health and safety and ever-tightening government mandates to self-quarantine. Below are some FLSA reminders and typical issues we are fielding from clients across many industries. Some of my employees are self-quarantined and working from home ...
British businesses have long relied on temporary labour from the European Union to service short or medium-term projects. From an immigration perspective, prior to Brexit this relationship used to be frictionless. There was no red tape and no need to worry about what was or was not permitted under the UK’s immigration rules and policies. People arrived, people worked, people left and businesses were happy ...
On September 9, 2015, the Department of State and U.S. Citizenship and Immigration Services (“USCIS”) announced a transformation of the way the Department of State’s visa bulletin functions. This change will allow many individuals who have been waiting in visa backlogs to file green card applications before an actual green card is available ...
Since the early stages of the COVID-19 pandemic, municipalities in Michigan have met virtually under the authority of a series of executive orders issued by Governor Whitmer permitting public bodies, except the state legislature, to meet by virtual means. These executive orders, including most recently Executive Order No ...
In October 2022, the Virginia Supreme Court decided the case of Hawkins v. Town of South Hill (view the opinion here), which fundamentally alters 40 years of precedent in the Commonwealth concerning what is considered confidential and not subject to production in response to a Virginia Freedom of Information Act (“FOIA”) request. Earlier this month, the Circuit Court issued its decision on remand in light of the Virginia Supreme Court’s decision in Hawkins ...
Yesterday, Virginia approved temporary emergency workplace safety standards related to COVID-19, making it the first state in the nation to do so. While final language has yet to be approved, the standards are expected to go into effect in late July and will remain in effect for six months unless extended pursuant to state law. A current draft of the regulations is available here ...
Virginia is now the first state in the nation to enact mandatory occupational safety standards regarding COVID-19. The Virginia Department of Labor and Industry’s health and safety board voted 9-2 on July 15 to adopt an “Emergency Temporary Standard” which requires employers to implement measures to protect employees from COVID-19 ...
The recruitment of a large number of employees who immediately before had worked for a competitor was in contravention of the Danish Marketing Practices Act. This was established by a judgment of the Danish Maritime and Commercial Court on 7 January 2014 ...
On 30 December 2020, the Government of Vietnam issued Decree No. 152/2020/ND-CP (“Decree 152”) which will take effect on 15 February 2021 and replace Decree No. 11/2016/ND-CP of the Government of Vietnam dated 3 February 2016 (“Decree 11”), Decree No. 75/2014/ND-CP of the Government of Vietnam dated 28 July 2014 (“Decree 75”) and its corresponding amendments and supplemental decrees ...
The government of Vietnam issued Decree No. 19/2023/ND-CP dated 28 April 2023 (“Decree 19”) to provide guidance for the Law on Anti-Money Laundering. Decree 19, effective as of its issuance date, includes the following: Details on Know Your Client (“KYC”) Decree 19 sets out the specific situations in which financial institutions must carry out KYC procedures ...
In light of the continuing Covid-19 outbreak in Vietnam and various regulations issued by the Government and the Ministry of Labor, Invalids and Social Affairs (“MOLISA”), some key considerations remain with respect to employee entitlements that employers must address and make due preparations for, as outlined below: 1 ...
