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Changes to the Notifiable Events Regime
Shoosmiths LLP, September 2021

The government is consulting on much anticipated draft regulations fleshing out the details of the new notifiable event requirements introduced by the Pension Schemes Act 2021...

Teacher Fairly Dismissed for Safeguarding Concerns Despite Lack of Evidence
Shoosmiths LLP, September 2021

Employment cases involving teachers can involve particularly nuanced considerations for schools. It is not easy to balance safeguarding duties with employment law obligations. We look at a recent case which highlights this very issue. The welfare and safety of children is at the heart of every educational establishment’s ethos, but balancing safeguarding duties with the legal rights of teachers can present difficulties...

Pension Awareness Week 2021: Your Guide to Pensions on Divorce and Dissolution
Shoosmiths LLP, September 2021

Pensions form part of the assets that can be distributed between a couple on divorce/dissolution. This guide will provide you with an overview of what you need to know about pensions if you are separating or getting divorced. What pensions can be shared? Defined benefit/final salary schemes (for example public sector schemes) Defined contribution/money purchase schemes (for example personal pensions, SIPPS and some occupational schemes) Additional state pension...

Labour Litigation Guide
ALRUD Law Firm, September 2021

Below, you will find some practical solutions to prepare you for the labour litigation in Russia. The peculiarity of labour disputes in Russia is that they seldom start with great financial demands from employees. They are more about the status of the organisation, its reputation and similar issues. However, practice shows that given the length and formality of litigation, financial claims, originally insignificant, can turn into fairly large claims, over time...

Tax and Employee Benefits Reform: House Committee on Ways and Means Submits Proposals
Dinsmore & Shohl LLP, September 2021

On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its numerous tax reform proposals. The proposals will be subject to continued negotiations and are not law. But, the proposals are an indication of what may be coming soon...

Buchalter COVID-19 Client Alert: COVID-19 Infection May Be an OSHA Recordable Work-Related Illness
Buchalter, September 2021

September 16, 2021 By: John Epperson The COVID-19 pandemic will likely to be a concern and challenge for employers for longer than anyone had hoped or anticipated. As businesses adjust to what seems to be a “new normal” it is worth a reminder that COVID-19 infection can be a recordable illness on an employer’s Occupational Safety & Health Administration (“OSHA”) 300 Injury and Illness Log. OSHA’s recording criteria under 29 CFR 1904...

U.S. Ninth Circuit Court of Appeals Upholds AB 51 Barring Arbitration Provisions in Employment Contracts
Dykema, September 2021

Today, the Ninth Circuit upheld California’s new law (AB 51) barring arbitration provisions in employment contracts.The U.S. Chamber of Commerce and other organizations challenged the law in federal court. The district court enjoined the law, ruling that it conflicts with the Federal Arbitration Act. A divided Ninth Circuit panel reversed. Judge Lucero, a Tenth Circuit judge sitting by designation, wrote the majority opinion (joined by Judge Fletcher). Judge Ikuta dissented...

End of the Coronavirus Job Retention Scheme – Considerations for Employers
Shepherd and Wedderburn LLP, September 2021

Covering employee wages since 1 March 2020, the Coronavirus Job Retention Scheme ("furlough") is set to end on 30 September 2021, with a deadline for final claims to be made by 14 October 2021. Employers still using the scheme should be engaging with employees about its end, and may now need to make some tough decisions that have been postponed while furlough continued...

Administration Actions Regarding COVID-19 Protocols for Federal Contractors and Large Employers
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions...

Administration Actions Regarding COVID Protocols For Federal Contractors and Large Employers
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions...

Administration Actions Regarding COVID-19 Protocols for Federal Contractors and Large Employers
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions...

What Employers Need To Know About Employee Retention Credits: Rules for the Second Half of 2021 and General Clarifications
Dykema, September 2021

Employee Retention Credits (“ERC” or “credits”) are available to eligible employers that paid qualified wages after March 12, 2020, and before January 1, 2022. Multiple pieces of legislation and Internal Revenue Service (“IRS”) guidance expanded and modified the ERC rules and determination of eligibility for ERC, and computation of the credits may vary based on each individual calendar quarter in 2020 and 2021...

COVID-19 Insurance Issues from Around the World
MinterEllisonRuddWatts, September 2021

The scale of the COVID-19 crisis made it obvious that the pandemic, and the public health measures it prompted from governments, would have major implications for the insurance world. Responding to an unprecedented disruption in trading, firms naturally turned to their business interruption (BI) policies for protection...

Warning: Failure to Appoint Replacement Contracts Administrator Leaves Employer Picking up the Bill
Shepherd and Wedderburn LLP, September 2021

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...

How COVID-19, Vaccines and the ADA Affect Employees' Remote-Work Requests
Dinsmore & Shohl LLP, September 2021

With COVID-19 vaccines fully available in the United States, employers are approaching work-from-home requests differently than they were a year ago. Dinsmore labor and employment attorneys Ashley Pack, Crystal Spivey Wildeman and Aly St. Pierre wrote about the topic in Best Lawyers: The Litigation Issue. An excerpt is below. Employers are facing legal uncertainty in the form of whether to accommodate continued remote-work requests...

More Legislated Changes for Federally Regulated Employers
Lawson Lundell LLP, August 2021

Important new legislative changes impacting federally regulated employers will come into effect in 2021: the Pay Equity Act and a minimum wage requirement. Details on both these measures and how that will affect employers are examined below.  Pay Equity Act The federal Pay Equity Act comes into effect on August 31, 2021. The Act applies to federally regulated employers who have 10 or more employees...

Legal Update on the New Requirements for Employers under the Personal Information Protection Law in China
Deacons, August 2021

On 20 August 2021, the Personal Information Protection Law of the People’s Republic of China (“PIPL”) was passed by the Standing Committee of the National People’s Congress, and will become effective on 1 November 2021. Comprising 8 chapters and 74 articles, PIPL lays down a clearer yet stricter regulatory framework for the protection of personal information...

Health and Safety in Agriculture: Farmers Urged to Make Safety a Priority
Shepherd and Wedderburn LLP, August 2021

Health and safety issues in the agricultural and rural sector are a matter of considerable concern. The Health and Safety Executive (HSE) is urging farmers to make safety a priority to reduce the number of injuries and fatalities in the sector. This recent campaign was prompted by four fatalities over a fortnight, coming only weeks after Farm Safety Week...

Variable Pay Employee vs Fixed Pay Employee – Furlough Scheme Implications Explained
Shoosmiths LLP, August 2021

We have recently assisted a well known fashion retailer in successfully defending an unlawful deduction from wages claim in relation to furlough payments received by the employee. This is an important decision, not only for our client, but also other employers who have made use of the Coronavirus Job Retention Scheme (“the Scheme”). Background The employee’s contract of employment stated the employee had a contractual entitlement to a minimum of 20 hours per week...

Employee Benefits & Executive Compensation 2021 Summer Client Advisory
Verrill, August 2021

Click here to view as a PDF. This Client Advisory summarizes developments in the law governing employee benefit plans prompted by the COVID-19 pandemic. We explain what these developments mean for plan sponsors and highlight the need to adopt plan amendments within limited time periods in order to fully implement pandemic-related changes...

COVID-19: OSHA Updates Mask Guidance for Vaccinated Employees and In Schools
Dinsmore & Shohl LLP, August 2021

On Aug. 13, 2021, OSHA released updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The new guidance updates OSHA’s recommendations for fully vaccinated employees and for schools, and it supplements certain industry-specific guidance...

Relief Scheme Established for Destroyed, Affected or Looted Workplaces
ENSafrica, August 2021

On 10 August 2021, the South African Minister of Employment and Labour gazetted Regulations which established a temporary financial relief scheme for workers who have lost income due to the partial or full closure of workplaces destroyed, damaged, looted or otherwise affected by the recent unrest.  The scheme is a welcome intervention in circumstances where workers are unable to work due to the looting or riots and are not entitled to remuneration...

Reopening Oregon's Offices in the Midst of the Delta Variant 
Schwabe, Williamson & Wyatt, August 2021

Update: On July 28, 2021, an Interim Final Rule on COVID-19 Revenue Reduction Score, Direct Borrower Forgiveness Process, and Appeals Deferment was posted. That Interim Final Rule conforms the applicable PPP rules to provide that a timely appeal by the PPP borrower of a final SBA loan review decision extends the deferment period of the PPP loan until the Office of Hearings and Appeals’ decision becomes final.  See below: “Consequences of an Appeal...

New COVID-19 Vaccination Requirements for California State Employees and Health Care Workers
Hunton Andrews Kurth LLP, August 2021

Governor Gavin Newsom and the California Department of Public Health (“CDPH”) recently issued new public health requirements in response to the increasing number of hospitalizations and ICU patients in California caused by the highly contagious COVID-19 Delta variant...

Is the Childcare Disparity Still a Consideration for Today’s Employers?
Shoosmiths LLP, August 2021

A recent case reminds us of the continuing reality that women, because of their childcare responsibilities, are less likely to be able to accommodate certain working patterns than men and that failing to take this into account could be discriminatory. The case of Dobson v North Cumbria Integrated Care NHS Foundation Trust involved a claim of indirect sex discrimination...

 

 

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