On Dec. 11, Federal Trade Commission and the U.S. Department of Justice's Antitrust Division jointly withdrew the antitrust guidelines for collaborations among competitors. In place since April 2000, the guidelines purported to set forth an analytical framework for the agencies' antitrust enforcement policy under Section 1 of the Sherman Act, with respect to collaborative agreements between actual or potential competitors ...
As the new administration begins, significant changes to immigration policies are anticipated, though the specifics of these changes—including when they will take effect and how they will impact the current immigration system—remain uncertain. Among these potential changes, we may see an increase in worksite inspections for H-1B and L-1 visa holders as part of enhanced compliance measures. While this increase in enforcement may be concerning, there’s no need to worry ...
Last year, the continued cost-of-living crisis, global conflicts and UK change of government dominated the headlines and added to the challenges faced by UK businesses. So, what does 2025 have in store for employers, in the employment law arena at least? 2025 predictions: what’s on the horizon for employment law Last year, the continued cost-of-living crisis, global conflicts and UK change of government dominated the headlines and added to the challenges faced by UK businesses ...
The new EU Product Liability Directive (Directive (EU) 2024/2853) represents a comprehensive overhaul of existing product liability laws, expanding the scope of what the law considers to be a "product" and the compensable harm a claimant can pursue. In this article we highlight the key features of the new Directive and look at what it means for businesses operating in or exporting products to the EU ...
In today's workplace, ensuring the safety and well-being of employees is paramount. One critical aspect of this is the implementation of clear, appropriate and fair drug and alcohol testing. We explain when and why employers should conduct testing. When Can Employers Conduct Drug and Alcohol Testing? According to the “Being monitored at work: workers' rights: Drug testing - GOV.UK” guidelines, employers must have consent from employees to conduct drug and alcohol tests ...
When an employee is subject to a police investigation or is charged or convicted of criminal misconduct outside of work, it can be a challenging area for employers to navigate. We set out our top tips for employers handling such situations. Top tips for employers dealing with criminal misconduct outside of work When an employee is subject to a police investigation or is charged or convicted of criminal misconduct outside of work, it can be a challenging area for employers to navigate ...
By: Hector A. Chichoni, Esq. As President-elect Donald Trump prepares to assume office, U.S. employers and companies, in almost every sector, are anticipating a significant increase in changes in immigration law and procedures. This is rightly so, given the historical precedent established during the first Trump administration (2017-2020) ...
Several interesting cases have been decided both by the ordinary courts and by other dispute resolution bodies over the past year. We have also observed some emerging trends in dispute resolution. Key decisions from the Supreme Court include HR-2024-550-A. which involved the ownership of minerals. The landowner’s side was represented by SVW partners Øystein Nore Nyhus and Christian Reusch. From the insurance sector, HR-2024-2040-A is noteworthy ...
On Jan. 17, 2025, USCIS will publish a revised edition of Form I-129, Petition for a Nonimmigrant Worker (edition date: 01/17/25) that will implement several significant changes, primarily to the H-1B program. These changes are scheduled to go into effect 30 days after publication. The general view is that some of the changes are positive, including the deference policy, the changes to the cap-gap rule and clarification as to ownership of a company and nonprofit classifications ...
By: Patricia Gannon, Esq. and Marcela Bermudez, Esq. A stopgap measure was signed into law by President Biden averting a federal government shutdown. A federal shutdown is possible if Congress cannot reach an agreement on a spending measure or stopgap by March 14, 2025. We will continue to monitor and advise as this develops. As a reminder, if a stopgap measured is not reached in the future, certain federal immigration functions will be temporarily suspended ...
In this newsletter, we take a look at selected relevant employment law cases from 2024 and examine what employers should learn from them in practice. Through these cases, we discuss, for example, discrimination based on membership in employees' union, harmonization of salaries, and the employer's obligation to offer alternative work ...
Approximately 500,000 people die each year in England and Wales and burial space is running out. The problem is most acute in the major cities, where large parcels of available land are scarce and competition with developers is often fierce. (and will be more so if the Government’s commitment to reform planning laws to meet the nation’s housing needs comes to fruition) ...
In this edition, we offer a diverse range of content: First, we present an update on an upcoming case before the Supreme Court concerning section 36 of the Contracts Act. We will also provide some insights from a recent Supreme Court ruling on the insurance condition regarding sudden and unforeseen physical damage. Additionally, we discuss significant takeaways from the appeals judgment in the Dutch Shell case ...
In a decision rendered on September 16, 2024,1 the Administrative Labour Tribunal (the ?ALT?) found that a company (the ?employer?) had violated the Charter of the French language2 (the ?CFL?) by requiring knowledge of languages other than French as part of a hiring process. This is one of the first decisions ruling on the new complaint mechanisms introduced by Bill 96, An Act respecting French, the official and common language of Québec3 (?Bill 96?), aimed at amending the CFL ...
On Friday, 29 November 2024, GN. 5588 was published inGovernment GazetteNo. 51657, in terms of which the Chief Inspector, in terms of the power delegated to the Chief Inspector by the Minister of Employment and Labour in terms of section 42(1) of the OHASA, gave notice: that the National Code of Practice for Training Providers of Lifting Machine Operators published in the Government Notice R539 of Government Gazette No ...
The outcome of the May 2024 elections marked a significant milestone in our country’s history following President Ramaphosa’s announcement to establish a ‘Government of National Unity’. Nevertheless, as is routine in the aftermath of elections, the Electoral Commission of South Africa was quickly faced with numerous complaints and objections lodged by various parties and individuals largely relating to the manner in which the voting process was conducted ...
Under South African criminal law, a life imprisonment sentence is the most severe form of judicial punishment that can be imposed upon a convicted criminal and is therefore reserved for the most serious offences. When a judge passes a life sentence, they must specify the minimum term that the offender must spend in prison before becoming eligible for parole, which is determined in accordance with section 51 of the Criminal Law Amendment Act 105 of 1997 ...
InAfrican Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others, the Supreme Court of Appeal (“the SCA”) set aside an issued permit to conduct activities in respect of genetically modified organisms (“GMOs”) and remitted the decision to approve the GMO back for reconsideration ...
InMinister of Department of Rural & Land Reform and Others v Thamsanqa Davis Bisset, the Supreme Court of Appeal (“the SCA”) upheld an appeal against a High Court order setting aside a settlement agreement in terms of section 42D of the Restitution of Land Rights Act 22 of 1994 (“the Act”) and dismissed the application that served before the High Court ...
The Information Regulator has published a newGuidance Note on Direct Marketing(“Guidance Note”) under the Protection of Personal Information Act, 2013 (“POPIA”) outlining its views on the legal requirements for processing personal information for direct marketing. In this article, we touch on key points outlined in the Guidance Note: Does the Regulator give clarity about what communications section 69 applies to? Yes ...
With year-end fast approaching, many employers may find themselves in a difficult position, faced with a surge of resignations. This trend can disrupt business operations, especially during a critical time when companies are wrapping up annual projects, entering peak business season or planning for the new year. Many employers mistakenly believe that they have the right to refuse to accept resignations ...
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement of the Corporate Transparency Act (“CTA”).[1] The CTA, and its Reporting Rule, were set to require approximately 32.6 million existing reporting companies to file beneficial ownership information (“BOI”) reports with FinCEN by January 1, 2025 ...
The Employment Rights Bill seeks to bring about seismic change to the employment law landscape, requiring employers to adapt their current practices and policies. Our latest webinar focused on the key provisions of the Bill and how these will impact on current practices and procedures. We also looked at what further changes may be coming down the line and what steps organisations can take to prepare for them ...
HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to respond to workers who blow the whistle ...
Just seven weeks after the 158-page Employment Rights Bill was introduced into Parliament, the House of Commons issued a 53-page paper full of various proposed amendments to the Bill. Almost all of them are government led, made by Justin Madders, Parliamentary Under Secretary of State (Department for Business and Trade). We consider below some of the key amendments proposed by Mr Madders and other Labour MPs ...
