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Whistleblowing in the COVID Era - Confidentiality
Shoosmiths LLP, October 2021

In our fourth article on whistleblowing claims we focus on the need, in sensitive situations where concerns of serious (and perhaps even criminal) wrongdoing are raised, for the complaint to be dealt with confidentially and/or anonymously where possible...

Visit Visas for Short-Term Work
Shepherd and Wedderburn LLP, October 2021

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...

Our top tips on calculating child maintenance
Shoosmiths LLP, October 2021

Many separating parents use the Government’s online calculator to agree their child maintenance payments. We are fully supportive of parents reaching their own agreements, however using the online calculator may not always result in the right payment if parents are not fully conversant with the rules. Even parents who formally apply for an assessment by the Child Maintenance Service (previously The Child Support Agency) need to be on their guard...

Cambodia: Increase in Minimum Wage for 2022 – Garment, Textile, Footwear, Travel Product & Bag Sectors
DFDL, October 2021

On 28 September 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 264 on the Determination of Minimum Wage for Workers in the Garment, Textile, Footwear, Travel Product and Bag Sectors (“Prakas 264”), to set new minimum wage for 2022, which will be effective from 1 January 2022. Under Prakas 264, workers in the relevant sectors will be entitled to the following new minimum wage: For regular workers, USD 194 per month...

Important aspects in recruitment and selection processes
Consortium Legal - El Salvador, October 2021

Regional Labor Team   The recruitment and selection process is critical for companies and certain principles related to the dignity of the human person must be respected during its execution...

El Salvador: Of the judicial proceedings for the declaration of incapacity and appointment of a guardian
Consortium Legal - El Salvador, October 2021

The judicial declaration of incapacity is the process that is followed before a family judge who after exhausting the due process declares a final judgment in which determines that a person suffers from a cause of incapacity that is that a person who must be fully capable to exercise his or her rights and obligation on his or her own is not, being necessary to carry out the proceedings where he or she is declared as incapable...

SEC Continues to Drive ESG — Climate Change Disclosure Takes the Wheel
Dinsmore & Shohl LLP, October 2021

In late September, the SEC’s Division of Corporation Finance continued signaling the increased importance of ESG initiatives in its mission by publishing a sample comment letter similar to what it may provide to issuers when reviewing their filings...

HIPAA Compliance Guidelines for Remote Workers
Buchalter, October 2021

October 6, 2021 By: Jennifer Guerrero While a remote work environment can provide many benefits to all of the parties involved, it also can present significant challenges for organizations that need to remain Healthcare Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH) compliant...

Latest Federal Court Cases, 10/5/21
Schwabe, Williamson & Wyatt, October 2021

In re: Vivint, Inc., Appeal No. 2020-1992 (Fed. Cir. Sept. 29, 2021) In an appeal from the United States Patent Trial and Appeal Board, the Federal Circuit addressed whether a party may challenge the validity of an issued patent by ex parte reexamination when the challenger has repeatedly tried to use inter partes review (“IPR”) to forward the same argument. The Federal Circuit held that, when applying 35 U.S.C...

Chambers Global Practice Guides: International Arbitration 2021
Shearn Delamore & Co., October 2021

1. General 1.1 Prevalence of Arbitration Litigation continues to be the primary method of resolving disputes in Malaysia, for both domestic and international disputes. This is not expected to change in the near future...

Employer’s failure to consider flexible working has costly consequences
Shoosmiths LLP, October 2021

The shift to flexible working has never been more pronounced than now as we make a steady return to the workplace following the pandemic. National headlines recently highlighted the risk for employers of failing to properly consider requests for flexible working. The case of Thompson v Scancrown Ltd t/a Manors resulted in the claimant, Mrs Thompson, being awarded just over £180,000 for indirect discrimination following the rejection of her flexible working request...

Temporary measures to be introduced to tackle worker shortages
Shoosmiths LLP, October 2021

The government has announced a series of measures to tackle ongoing shortages of heavy goods vehicle (HGV) drivers and poultry workers in the UK. This includes relaxing immigration rules to offer over 10,000 temporary visas in the run up to Christmas. Brexit, the Coronavirus pandemic, tax changes and additional factors such as an ageing workforce have all contributed to a shortage of food processing workers and HGV drivers in the United Kingdom...

End of the Coronavirus Job Retention Scheme – considerations for employers
Shepherd and Wedderburn LLP, October 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...

Can we vaccinate? Yes, we can.
MinterEllisonRuddWatts, October 2021

COVID-19 vaccinations are now on the list of topics to avoid at dinner parties (which are still virtual for those of us in Auckland). Globally, we have seen COVID-19 vaccinations create mixed emotions around civic responsibilities and bodily autonomy, and spark protests in breach of many “stay at home” orders...

‘Generation Work from Home’ – the impact of default flexible working
Shoosmiths LLP, September 2021

The UK government has announced proposals to make flexible working requests a ‘day one’ right for employees, as part of reforms to the Flexible Working Regulations 2014. Over the past 18 months, the pandemic has been a catalyst for increased flexible working. Although this has meant ‘working from home’ for most, flexible work can include other arrangements such as flexitime, job-sharing, condensed hours and part-time work...

How not to treat pregnant workers and maternity leave returners
Shoosmiths LLP, September 2021

Recent cases provide a timely reminder that employers still make costly slip-ups when managing pregnant workers and those returning from maternity leave. We highlight some useful lessons from those cases on how to avoid discrimination claims. When a worker announces their pregnancy to their employer, the employer becomes subject to additional obligations until the end of the protected period when the worker returns from maternity leave...

Capacity of the applicant and the duty of full and frank disclosure in applications for enforcement of arbitral awards
Deacons, September 2021

Arbitration is an increasingly popular means for cross-border dispute resolution, and it has also led to an increasing number of court applications in Hong Kong seeking enforcement of local and foreign arbitral awards...

Court of Appeal limits application of “fraud exception” in Order 14 summary judgment applications, while such exception is set to be abolished before the end of 2021
Deacons, September 2021

There were conflicting judicial opinions of first instance courts as to whether the exception in summary judgment applications under Order 14, rule 1(2)(b) of the Rules of the High Court (Cap. 4A) (Fraud Exception) covers actions in which the defendant is not alleged to be a party to the fraud, but where allegations of fraud are made against a third party. In R. Stahl Inc...

Cart before the Horse: Claimant Must Prove Condition Pre-existed Injury before Substantial Aggravation Can be Established
Dinsmore & Shohl LLP, September 2021

It seems logical that when a claimant requests that a claim be amended to include an additional condition based upon a theory of substantial aggravation, the easiest element to prove would be that the condition pre-existed the date of injury. Recently, in Houlihan v. Hamilton County, 2021-Ohio-3087, the Ohio First District Court of Appeals found that a claimant must prove a condition existed at the time of the injury before they can establish a substantial aggravation...

Cambodia: 2022 Foreign Employee Quota Application Window Now Open
DFDL, September 2021

The window to apply for the 2022 foreign employee quota is open until the end of November 2021. Enterprises employing or intending to employ foreign employees in 2022 are required to apply for a foreign employee quota from the Ministry of Labour and Vocational Training (“MLVT”)...

Summary of New Guidance on COVID-19 Vaccine Mandate
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued his Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Executive Order”) that, when implemented, will require most federal contractors to comply with all guidance for federal contractor and subcontractor workplace locations published by the Safer Federal Workforce Task Force (see www.saferfederalworkforce.gov)...

UNLEASHING THE LEVIATHAN: Tips for Companies Referring Cases to Law Enforcement
Buchalter, September 2021

September 28, 2021 By: Joshua M. Robbins When harmed or in heated disputes, companies sometimes think about bringing the “big guns”—law enforcement agencies—into the fight. Often acting through counsel, a business may seek to refer a matter to the government for potential investigation and prosecution of competitors, business counterparties, former employers or employees, or entirely unrelated persons who have victimized the company...

Employment essentials explained – Disability & Long COVID
Shoosmiths LLP, September 2021

As many of us continue to work from home and/or have opportunities for travel and meeting up restricted, we are continuing to run our essential webinar series for employers to ensure that our clients and contacts remain up to date and equipped to deal with all eventualities! Our latest seminar focused on disability and Long COVID...

Nitrate neutrality
Shoosmiths LLP, September 2021

Developments on hold, trips to the High Court, nutrient credit schemes... Ever since a European Court of Justice ruling in November 2018, being nitrate neutral has caused headaches and blockages for developers and planners. Shoosmiths partnered with Planning magazine on a virtual roundtable discussion which examined nitrate / nutrient neutrality, the rules and how developers and authorities can work within them to deliver the right kind of development...

How will costs be treated in a no-fault divorce
Shoosmiths LLP, September 2021

At the end of this month, court fees are increasing. The change is the result of a consultation led by the Ministry of Justice earlier in the year which considered whether court fees should be increased by inflation.  The full consultation can be accessed here.  From 30 September 2021, the cost of a divorce will rise from £550 to £593. At the moment, where the divorce is based on adultery, behaviour or desertion i.e...

 

 

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