In Mendoza v. Nordstrom, Inc., the California Supreme Court responded to questions posed by the Ninth Circuit concerning the interpretation of California’s day-of-rest statutes, which are found in Labor Code Sections 550-558.1. Initially, former Nordstrom employees filed a Private Attorneys General Act action, alleging that Nordstrom had failed to provide guaranteed days of rest to its nonexempt employees in California ...
Over the past few years, the South African Revenue Service (“SARS”) appears to have created a new category of doubtful debts allowances which they have termed a “specific” doubtful debts allowance, as distinct from the “ordinary” doubtful debts allowance to which a taxpayer is entitled under section 11(j) of the Income Tax Act, 1962 (the “Act”) in the ordinary course in respect of its doubtful debts ...
On June 17, 2016, the Superior Court1 affirmed the 2014 decision of the Commission des lésions professionnelles2 ("CLP") in Canadelle, s.e.c. and Commission de la santé et de la sécurité du travail ...
On the first day of Christmas, HR was asked, “Who should we invite to the Christmas party?”. And HR replied...everyone! When it comes to Christmas parties, although it is rare for employees who are absent, for example on sick leave or maternity or other family leave, to be deliberately excluded from the invite list, it is often the case that they are overlooked, particularly if they have been absent for some time ...
On the tenth day of Christmas, HR were again dismayed… ”Can we make everyone work the Christmas bank holidays? In response to this question most employers will be able to turn to the contract of employment to find the answer. The contract will typically state whether or not the annual leave allowance is in addition to the usual statutory bank holidays ...
On the 11th day of Christmas, HR heard management say…“if they all work at Christmas, how much must we pay”? A weary HR team replied - whatever the contract says! Once again employers should initially turn to the contract of employment for the answer, which will vary from employer to employer and could include any of the following: You will receive normal salary for any time worked on a public holiday but will be rewarded with an equivalent day off in lieu to be taken at a
On the twelfth day of Christmas, HR asked with heavy hearts “should we delay dismissing an employee until the New Year starts?" After much deliberation, they decided … no Dealing with redundancies or other dismissals is challenging at any time of the year, never mind in the run up to Christmas when everyone is already feeling the pinch of their purse strings whilst trying to stay afloat with festive joy ...
On the second day of Christmas, HR was asked “How do you keep control at the Christmas party?” And HR replied...by setting clear boundaries! Christmas parties are designed to be fun, but a few festive drinks can quickly get out of hand if not managed correctly. A sobering thought is that employers can be vicariously liable for the action of employees during work events such as Christmas parties. So, what steps should employers take? Risk assessments are a pre-party essential ...
On the third day of Christmas, HR was asked “How do you deal with the morning after the Christmas party?” And HR replied…carefully! There will no doubt be a few sore heads following a work organised Christmas Party and it will be that bit more tempting for employees to switch off the early morning alarm and go back to sleep! But what should employers do if an employee turns up late for work or doesn’t turn up at all? If the employment contract allows for it, an emplo
On the fourth day of Christmas, HR were asked, when do you say “no more” to the Christmas decorations? And HR said to me...a giant light up turkey is just too much for the Christmas tree! It is a common misconception that Christmas decorations should be banned for breaching health and safety rules ...
On the fifth day of Christmas, HR announced with fear... We’re stopping the Christmas bonus for everyone this year! Employers and individuals alike are feeling the impact of increased costs this winter, and it may well be that some employers will seek to save costs by not paying a bonus to employees this Christmas. But is it lawful to simply decide not to pay a Christmas bonus one year? The answer lies in the employment contract ...
On the sixth day of Christmas, HR was asked “What's Sarah’s home address? I want to send her a Christmas present, and I don't want to guess!” And HR replied… ...
On the 7th day of Christmas HR was asked…”Can we run a Secret Santa? It’s going to be a blast!” And HR replied…. OK but please don’t make anyone gasp!! The tradition of Secret Santa in workplaces is one of morale-boosting Christmas cheer in which colleagues anonymously exchange presents, encouraging team-building and forging friendships ...
On the eighth day of Christmas, HR heard someone say, “do we have to let seasonal workers have a holiday?” And HR replied...Yes! It is a common misconception that, because seasonal workers are hired specifically to provide additional cover during the busy festive period, employers do not have to give them any time off over Christmas. However, this is not true and seasonal staff have the same right to annual leave as any other worker ...
On the ninth day of Christmas, HR was asked with fear, “Do we have to say yes to all holiday requests during this festive time of year?” And HR replied….No! A common problem around the festive period is that many employees want to take the same days as annual leave so that they can enjoy time off with their loved ones ...
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. ASRC Federal Data Solutions LLC ESimplicity Inc. v. U.S. Hydraulics International Inc. v. U.S. IAP Worldwide Services Inc. v. U.S. MP Solutions LLC Trace Systems Inc. This article by Aron C. Beezley, Patrick R. Quigley, Sarah Sutton Osborne, Lisa Markman, Nathaniel J. Greeson and Gabrielle A ...
Shoosmiths won increased provision for an adult child from her father's estate under the Inheritance (Provision for Family and Dependants) Act 1975, achieving all of the costs benefits of the Defendant’s failure to beat the Claimant’s Part 36 offer. Recorder Williamson QC heard the trial remotely over two days on 21 and 22 January 2021 in the Peterborough County Court. He handed down judgment on 2 February 2021 ...
The quality of one’s life is determined by the quality of the questions one asks oneself every day, and the realization that this truth applies equally to lawyering. Our theory, borne of experience, is that a lawyer conditioned to ask an empowering question when adversity strikes, such as: “How can I use this?” is a better and more effective advocate. You might one day owe your life to an accident. Literally ...
The Chancellor announced the first eight Freeport locations: Solent, East Midlands Airport, Felixstowe & Harwich, Humber, Liverpool City Region, Plymouth and South Devon, Teesside and Thames ...
On March 31, 2021, the Biden Administration released a Fact Sheet for its proposed American Jobs Plan (the “AJP”). The full text of the AJP can be found here. Although the AJP is primarily a proposal for rebuilding our country’s infrastructure, positioning the U.S. to compete with China and creating millions of jobs, it also proposes important corporate tax changes necessary to fund the AJP ...
The American Rescue Plan Act of 2021 (“ARP Act”), the $1.9 trillion pandemic aid bill, contained changes to (1) the Paycheck Protection Program (“PPP”) by expanding eligibility and other items and (2) the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). The ARP Act provides for fully subsidized COBRA premium payments ...
After all of the sand had run out of the hourglass, Congress finally passed (and the President signed) a compromise tax bill to avoid very substantial income tax increases on taxpayers with income under $400,000 ($450,000 for joint filers). The good news for our estate planning clients is the “permanent” extension of the current estate, gift, and generation-skipping transfer tax exemptions, and a slight increase in the tax rate from 35% to 40% ...
The Act to protect persons with regard to activities involving firearms and amending the Act respecting safety in sports(1) was assented to on December 13, 2007(2) and came into force on September 1, 2008. This Act was passed in the wake of the tragic events that occurred at Dawson College in September 2006, when a young 18-year old woman named Anastasia De Sousa lost her life in a shooting incident, hence its name, the “Anastasia Act” ...
In its recent judgment of 21 December 2016, the Tournai Commercial Court (‘Court’) declared it did not have jurisdiction to deal with a dispute concerning the termination of an exclusive distributorship that the parties had agreed to submit to arbitration. This judgment was based on the new definition of arbitrability in the Belgian Judicial Code, which entered into force in 2013, and marks a new era for the arbitrability of Belgian distributorship law disputes ...
