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MV Transportation Inc. – NLRB rules on employer unilateral action
Dinsmore & Shohl LLP, September 2019

On Sept. 10, 2019, the National Labor Relations Board (NLRB) issued the MV Transportation decision and adopted the contract coverage standard in evaluating whether an employer’s unilateral action concerning terms and conditions of employment violates the National Labor Relations Act (NLRA) duty to bargain...

Panama Seeks to Adopt a Framework Law for Public-Private Partnerships
Morgan & Morgan, September 2019

For the past few decades, Panama has established public-private partnerships (“PPPs”) in projects as diverse as toll roads, water treatment plants, ports, telecommunications networks and the generation and distribution of electricity...

An Ounce of Prevention with Working from Home ADA Accommodations
Dinsmore & Shohl LLP, September 2019

As seen on BankDirector.com: Even with a lack of legal clarity, banks can take steps to prepare for work-from-home accommodation requests from employees with disabilities. Technology now allows banks’ employees to be connected with coworkers and customers nearly anywhere in the world via email, chat, calls or video conferencing. Many banks use work from home, or telecommuting, as a perk to attract and retain talent...

Update on Epple: California's "New" Procedure for Providing Medical Interventions Requiring Informed Consent to SNF Residents Who Lack Both Capacity and a Legal Representative
Hanson Bridgett LLP, September 2019

California Health and Safety Code section 1418.8 outlines the requirements a skilled nursing facility (SNF) must follow when a physician prescribes a medical intervention that requires informed consent for an "unfriended" resident, meaning an individual who lacks capacity and does not have a person with legal authority to make health care decisions on their behalf. Section 1418...

Eleventh Circuit Rejects Expert Challenge to Clinical Judgment Decision in Hospice False Claims Act Litigation
Dykema, September 2019

On September 9, 2019, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision for health care providers, especially those in the hospice industry. InU.S. v. AseraCare, Inc.,No.16-13004, Slip. Op. (11thCir. September 9, 2019), the Court held that a “reasonable disagreement between medical experts” about prognosis for a terminally ill patient, without more, cannot establish falsity. Slip. Op. at 3...

Government Contractors & Employers of 100+ Employees Must File New EEOC Report by September 30, 2019
Verrill, September 2019

EEO-1 Component 2 Report Due by September 30, 2019 All employers that are required to submit an EEO-1 federal report — employers of 100 or more or federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in federal government contracts — must now also file the newly required Component 2 data report regarding wages for 2017 and 2018. The report must be submitted by September 30, 2019...

NLRB Issues New Decision Adopting 3 Part Test for Analyzing Bargaining Unit Scope Disputes
Dinsmore & Shohl LLP, September 2019

On Monday, Sept. 9, 2019, the National Labor Relations Board (NLRB) issued its decision in The Boeing Company and International Association of Machinists and Aerospace Workers, adopting a three part test for determining whether a bargaining unit is appropriate under the analysis set forth in PCC Structurals, Inc., 365 NLRB 160 (2017)...

Government Contractors and Employers of 100+ Employees Must File New EEOC Report by September 30, 2019
Verrill, September 2019

EEO-1 Component 2 Report Due by September 30, 2019 All employers that are required to submit an EEO-1 federal report—employers of 100 or more, or federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in federal government contracts—must now also file the newly required Component 2 data report regarding wages for 2017 and 2018. The report must be submitted by September 30, 2019...

Court Upholds Plan Administrator's Interpretation in Recent ERISA Case
Hanson Bridgett LLP, September 2019

On August 16, 2019, the Ninth Circuit ruled in O'Rourke v. Northern California Electrical Workers Pension Plan, et al. that the board of trustees for an ERISA-covered multiemployer pension plan did not abuse its discretion by broadly interpreting the plan's ambiguous trade-based suspension of benefits provision to preclude a participant’s claim for early retirement benefits...

Top 5 Challenges with Employee Share Option Plan (ESOP) Implementation and How to Conquer Them
BoardRoom Limited, September 2019

    Employee Share Option Plans or Employee Stock Ownership Plans (ESOP) are gaining popularity in today’s market. The driving force behind this is a competition for top talent and the need to incentivise and or boost productivity among our workforce, not to mention incentivise and reward staff for staying with your company long term...

Insurers Beware: California’s Notice-Prejudice Rule Is a “Fundamental Public Policy”
Hanson Bridgett LLP, September 2019

For those insurers that seek to circumvent California’s notice-prejudice rule, the California Supreme Court has just made that more difficult. In Pitzer College v. Indian Harbor Insurance Company, 845 F.3d 993 (9th Cir. 2017), the Ninth Circuit certified questions to the California Supreme Court, including: “Is California's common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?” (Pitzer College, 845 F.3d at 994...

Cambodia Tax & Real Estate Alert: 2019 Property Tax Deadline – 30 September
DFDL, September 2019

On the 21st of August 2019 Notification dated 21 August 2019 the General Department of Taxation (“GDT“) issued Notification 17517 GDT on the Second Reminder of the Payment of the Property Tax reminding owners of immovable property to file their annual Property Tax declaration before the deadline of 30 September 2019...

Recent Increase in IRS Enforcement of ACA Reporting Penalties
Hanson Bridgett LLP, September 2019

Recently, the IRS has intensified enforcement of information reporting compliance under the Affordable Care Act (ACA). Information reporting penalties apply in addition to any penalties assessed for failures to meet the employer shared responsibility provisions, known as the employer mandate...

Vietnam Tax Update: New Law on Tax Administration – Key Takeaways
DFDL, September 2019

The new Law on Tax Administration No. 38/2019/QH14 (“LTA” or “new Law”) was passed by the National Assembly in June 2019 will become effective from 1 July 2020. New provisions relating to electronic invoices and electronic documents take effect from 1 July 2022. We summarize below some of the salient features of the new Law...

BORIM Issues Guidance on Recent Changes to Practice of Medicine Regulations
Verrill, September 2019

The Massachusetts Board of Registration in Medicine (“BORIM”) recently finalized revisions to 243 CMR 2.00 (Licensure and the Practice of Medicine). These changes took effect on August 9, 2019. Because of the uncertainty resulting from certain of those changes, on September 6, 2019, BORIM issued guidance in the form of responses to “Frequently Asked Questions” (“FAQs”)...

The Hong Kong Protests – Could This Happen in Singapore?
TSMP Law Corporation, September 2019

The two financial centres have long been considered twins, but where do the similarities end and the differences begin? Hong Kong, now entering its 15th week of protests, has been filled with increasingly incendiary rhetoric and escalating violence. This past weekend saw protesters lighting fires at an MTR station entrance, just outside the uber-luxe Bulgari boutique in Central...

Cambodia Legal Update: New National Fire Safety Systems Code Launched in Cambodia
DFDL, September 2019

The Association of Fire Prevention Enterprises of Cambodia (“AFPE”) in conjunction with the National Quality Inspection Centre for fire Safety Systems (“NICS”) hosted a seminar on 9 September 2019 on the introduction of the National Standard Book on Fire Safety Systems – Building Design Code...

Coping with COPA – New San Francisco Law Requires Owners of Certain Apartment Buildings to Offer to Sell to Nonprofits
Hanson Bridgett LLP, September 2019

The information in this article is based on new regulations issued by the City of San Francisco, and supersedes the article published in early June of this year.   San Francisco has recently enacted the Community Opportunity to Purchase Act (COPA), a law that provides San Francisco nonprofits with the right to purchase apartment buildings of three or more units before they are put on the market...

Lump Sum Remuneration for Overtime based on a (General) Works Agreement
Heuking Kühn Lüer Wojtek, September 2019

In its decision of June 26, 2019 (ref. 5 AZR 452/18), the 5th Senate of the Federal Labor Court (BAG) dealt with the requirements and limitations of overtime lump sum remuneration clauses in works agreements. So far, the decision is only available as a press release. FACTS OF THE CASE The plaintiff is a union secretary at the ver.di trade union. The parties have agreed a weekly working time of 35 hours and "trust-based working hours"...

Cambodia Tax Update: Tax Treaty with Malaysia Signed
DFDL, September 2019

Cambodia has signed a Double Taxation Agreement (“DTA“) with Malaysia on the 3rd of September 2019 during the visit of Malaysian Prime Minister Tun Dr Mahathir Mohamad to Phnom Penh. Under the DTA, double taxation will be avoided in that any tax paid in Cambodia by Malaysian companies in accordance with the DTA will be allowed as a credit against the tax payable in Malaysia on the same income, subject to the provisions of the tax laws of Malaysia...

The Works Council has no Entitlement to the Provision of Personnel Turnover Statistics
Heuking Kühn Lüer Wojtek, September 2019

LAG Schleswig-Holstein of February 26 2019 - 2 TaBV 14/18 The works council has no entitlement to the Provision or Inspection of Personnel Turnover Statistics or Appendices thereto, if the Employer only uses these for Statistical Purposes and for Internal Controlling. The personnel turnover statistics in this case are not an instrument for personnel planning...

Kochhar & Co. - Indian Company Law Update - July-August 2019
Kochhar & Co. Advocates & Legal Consultants, September 2019

MCA UPDATE – JULY 2019 What When Summary 1. Notification of Ministry of Corporate Affairs (“MCA”) with regards to filing / verification of KYC details of the directors 25.07.2019 The Ministry of Corporate Affairs (“MCA”) has notified the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019...

Search of a Company Computer by the Employer - Prohibition of Exploitation for Court Submissions?
Heuking Kühn Lüer Wojtek, September 2019

The German Federal Labor Court (BAG) ruled by judgment of January 31, 2019 (ref. no. 2 AZR 426/18) that, under certain circumstances, the employer may lawfully review data on an employee's work computer even if there is no suspicion based on factual evidence of a breach of duty. This applies to minor encroachments on personal rights, for example, in the case of actions carried out openly and restricted to files that are not marked as "private"...

Indian Corporate Law and FEMA Update – June - July 2019
Kochhar & Co. Advocates & Legal Consultants, September 2019

What When Summary 1. Online reporting for filing of Annual Return on Foreign Liabilities and Assets (FLA Return) by Indian Companies 28.06...

No Expiry of Unreduced Vacation Entitlements during Parental Leave
Heuking Kühn Lüer Wojtek, September 2019

BAG of March 19 2019 - 9 AZR 495/17 The employer may reduce the vacation entitlement of a worker on parental leave by one twelfth for each full calendar month. If he does not exercise his right to reduce or if he can not prove the declaration of reduction, vacation entitlement does not expire during parental leave in accordance with Sec. 7 para. 3 BUrlG [German federal vacation law] at the end of the vacation year or the transfer period (31 March of each year)...

 

 

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