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Indonesia on the Coronavirus (COVID-19) Outbreak: New Regulations and Policies
Makarim & Taira S., February 2020

On 30 January 2020, the World Health Organization (WHO) declared that the outbreak of novel coronavirus or COVID-19 constituted a Public Health Emergency of International Concern (PHEIC). The COVID-19 is a respiratory illness caused by a new coronavirus which first originated in Wuhan, Hubei Province, China, the death toll from which has reportedly surpassed 1,000 on mainland China, while confirmed infections have passed 40,000 globally...

Trends in Medium- and Long-Term Incentive Plans for Senior Executives in Spain
Garrigues, February 2020

There is a growing concern among the general public about issues surrounding companies’ boards of directors and executives. Any aspect relating to board members and executives, particularly their compensation, can therefore come under public scrutiny...

Law on Digital Transformation of the Administration
Carey, February 2020

On November 11, Law No. 21, 180 on Digital Transformation of the Administration was published. Its purpose is to initiate the process of digitalization and modernization of the administrative procedures followed before the Chilean Government administration bodies...

Updates to CEQA Technical Advisories on Disaster Response and Housing
Hanson Bridgett LLP, January 2020

The Governor's Office of Planning and Research (OPR) has recently issued two technical advisories with helpful California Environmental Quality Act (CEQA) guidance on two prominent California land use topics. The first advisory outlines potential CEQA exemptions for immediate-term disaster recovery, with the goal of helping communities and public agencies prepare their climate change adaptation and resilience strategies...

2020 Annual Employment Law Update Materials
Verrill, January 2020

On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that would prepare HR professionals, managers, and in-house counsel for the year ahead. The presentation slides and handout materials from the 2020 seminar are available for download as PDF files below...

OCR Announces Recent Enforcement Actions and Settlements for Noncompliance with HIPAA Rules and Section 1557 of the Affordable Care Act
Dinsmore & Shohl LLP, January 2020

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced several enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. OCR Secures Voluntary Resolution with Hospital to Settle Provision of Auxiliary Aids and Services to Deaf or Hard-of-Hearing Individuals On Jan...

DOJ False Claims Act Stats Show Growth in Recoveries in 2019, Continued High Level of Qui Tam Actions Filed
Dinsmore & Shohl LLP, January 2020

The U.S. Department of Justice (DOJ) recently announced that in Fiscal Year 2019 (FY2019),1 total settlements and judgments in False Claims Act (FCA) cases rebounded back over the $3 billion mark after dipping to $2.9 billion in FY2018. The Department’s annual statistical overview of FCA-related fraud actions2 showed nearly three-quarters of recovered funds, or $2...

Early View on the Impact of Shortening the Workers’ Compensation Statute of Limitations in Ohio
Dinsmore & Shohl LLP, January 2020

Effective Oct. 1, 2017, Ohio Revised Code 4123.84 was amended to shorten the statute of limitations for the filing a traditional workers’ compensation claim (a standard physical injury resulting in either a lost-time, medical-only, or death claim) from two years following the alleged date of injury to one year. The amendment does not apply to either occupational disease claims or VSSR filings, which maintain the two-year statute...

DOL Increases FLSA Exemption Thresholds in 2020
Dinsmore & Shohl LLP, January 2020

Effective January 2020, U.S. Department of Labor (DOL) increased the salary thresholds for several of the Fair Labor Standards Act (FLSA) exemptions. The salary threshold levels for the white-collar exemptions and the highly compensated employee exemption have increased, making it more difficult for an employee to be classified as exempt under the FLSA. As a result, an estimated additional 1.3 million workers now qualify for overtime premiums...

Wages and Hours in Panamanian Labor Law
Morgan & Morgan, January 2020

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...

Website Accessibility Lawsuits Continue to Trend Up
Hanson Bridgett LLP, January 2020

This article updates information published in "Is Your Online Business Accessible To Persons With Disabilities?" In 2018, practitioners scouring nationwide federal court records identified more than 2,250 lawsuits filed alleging website inaccessibility under Titles II and III of the Americans with Disabilities Act (ADA)1...

Weekly Rest Requirements for Employees in Israel
Fischer Behar Chen Well Orion & Co., January 2020

 Pursuant to Israeli employment law, an employer cannot employ workers on their weekly rest day unless it obtains a special permit from the Ministry of Labour and Social Affairs. A weekly rest is 36 consecutive hours. Under certain circumstances, it is possible to shorten shift workers' weekly rest to 25 consecutive hours. For Jewish workers, the weekly rest day is Saturday (ie, from the beginning of the Sabbath on Friday evening until Saturday evening)...

The New Regulation on the Procurement of Goods and Services in the State-Owned Enterprises Sector
Makarim & Taira S., January 2020

On 12 December 2019, the new Minister of State Owned Enterprises, Erick Thohir, issued new Ministry of State Owned Enterprises Regulation No. PER-08/MBU/12/2019 on General Guidelines on the Implementation by State Owned Enterprises of the Procurement of Goods and Services (“MSOE Reg 8/2019”), which came into force on 16 December 2019. This regulation replaces the previous regulation, MSOE Regulation No. PER-05/ MBU/2008 as amended by MSOE Regulation No...

DIFC Workplace Savings Scheme (with effect from 1 February 2020)
Afridi & Angell, January 2020

On 14 January 2020, the Employment Law Amendment Law (DIFC Law 4 of 2020) and the Employment Regulations (the Amendment) were enacted. The Amendment introduces a new mandatory workplace savings scheme, which replaces the current end-of-service gratuity regime. The new scheme commences on 1 February 2020...

H-1B Visa Filing Season: New Registration Process Begins March 1
Dinsmore & Shohl LLP, January 2020

Why is H-1B Filing Season Important? This is the only time of year (with minor exceptions indicated below) U.S. Citizenship and Immigration Services (USCIS) accepts H-1B specialty worker petitions for the next fiscal year, which begins Oct. 1, 2020...

CMS Releases Bulletin Discussing Best Practices for Avoiding 340B Duplicate Discounts in Medicaid
Dinsmore & Shohl LLP, January 2020

On Jan. 8, 2020, the Centers for Medicare and Medicaid Services (CMS) published an informational bulletin titled “Best Practices for Avoiding 340B Duplicate Discounts in Medicaid.”[1] The bulletin outlines seven regulatory strategies State Medicaid agencies may consider when developing policies for preventing the occurrence of duplicate discounts in Medicaid Fee-for-Services (FFS) and Medicaid Managed Care Organization (MCO) programs...

A Proxy Season Guide to 2020
Dinsmore & Shohl LLP, January 2020

The 2019 proxy season marked a year of continued changing voting behavior. Though patterns and trends of the past season do not seem to indicate changes beyond marginal impact, the 2019 season can serve to set expectations for the 2020 proxy season...

New California Laws Could Bring Difficulties in Employment Arbitration
Dinsmore & Shohl LLP, January 2020

New California laws could make it more difficult for employers to enforce employment arbitration agreements and now prohibit “no rehire” language in settlement agreements involving employment disputes.  Arbitration Agreements The enforceability of employment arbitration agreements has long been under attack in California...

2020 Rings in Legislative Changes for California
Dinsmore & Shohl LLP, January 2020

With the New Year, California rings in a lot of legislative changes, including a new standard for evaluating independent contractor classifications.  Here is what you need to know: Independent Contractors Effective Jan. 1, 2020, Assembly Bill 5 (AB-5) became law in California by adding section 2750.3 to the Labor Code.  AB-5 is the legislative response to the California Supreme Court decision in Dynamex v...

The SECURE Act
Verrill, January 2020

The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) is the most far reaching new law affecting retirement benefits in more than a decade. This Client Advisory highlights key aspects of the SECURE Act that affect the design and administration of retirement plans, especially 401(k) retirement plans...

Labor Shortage: Answers to Your Questions about Hiring a Foreign Worker
Lavery Lawyers, January 2020

The labor shortage that affects all of Quebec and many other provinces has been a well-known problem for several years. Almost every week brings its share of companies that have to close their doors or limit their activities due to a lack of staff in positions of all kinds. To work within our borders, foreign employees must first obtain the necessary authorizations...

Paraguay: Anti-Laundering Legislation - Implications of Law 6.446 / 19
Vouga Abogados, January 2020

As part of Paraguay's commitment to the International Financial Action Task Force of Latin America (GAFILAT), in November 2019, the Executive Power enacted Law No. 6446 that creates a “General Directorate of People and Legal Structures and Final Beneficiaries ” Under the Ministry of Finance (hereinafter the Law), which will have the following functions:  Acting as the authority of application, replacing the Treasury Law, of Law No...

SECURE Act: Summary of Key Changes for Plan Sponsors
Dinsmore & Shohl LLP, January 2020

On May 23, 2019, by a vote of 417-3, the United States House of Representatives passed the Setting Every Community Up for Retirement (SECURE) Act. Notwithstanding broad bipartisan support, the bill stalled in the United States Senate until Dec. 19, 2019, when it passed a budget reconciliation bill (H.R. 1865, the Further Consolidated Appropriations Act of 2020 [the “Act”]), which contains the provisions from the SECURE Act.  The president signed the Act on Dec. 20...

NLRB Permits Employers to Restrict Employee Access to Company E-mail
Dinsmore & Shohl LLP, December 2019

On December 16, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, the National Labor Relations Board (Board) returned to the standard outlined in Register Guard, which announced that employees have no statutory right to use employer equipment, including IT equipment, for activity protected under Section 7 of the National Labor Relations Act.1 The decision expressly overrules the Board’s decision in Purple Communications, Inc...

MSHA’s Fall Regulatory Agenda — 2019
Dinsmore & Shohl LLP, December 2019

In November 2019, the Trump administration issued unified agenda of regulatory and deregulatory actions. Within the United States Department of Labor, the Mine Safety and Health Administration (“MSHA”) issued six notices – two in the prerule stage, three in the proposed rule stage, and one in the final rule stage. All of these actions are discussed in further detail below...

 

 

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