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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...

Cryptocurrency – The Future of Money?
Shoosmiths LLP, August 2021

Cryptocurrency, for most of us at least, has been hidden behind a veil of incomprehensible idiom for most of its lifespan. However, it has the potential to revolutionise the way we pay, borrow and lend, maybe sooner rather than later. Like quantum computing and artificial intelligence, we are told they’re set to change the world but few of us understand how that might actually work or what their impact might be...

What Should Employers Include in a Hybrid Working Policy?
Shoosmiths LLP, August 2021

Thanks to the pandemic ‘working from home’ is a phrase we are all used to hearing. With the lifting of restrictions, however, ‘hybrid working’ is set to take its place. We consider the benefits of having a hybrid working policy and what to include in it...

In for the Long Haul? Managing Employees who Suffer from Long COVID
ENSafrica, August 2021

Among the other challenges facing employers in the COVID-19 pandemic is the increasing prevalence of “long COVID”. Although not much is known about long COVID at this time, there are some proactive measures that employers can take to identify and manage it in the workplace. At present, there is no official medical definition of long COVID. What we do know is that some people experience symptoms that last for weeks or months after they have contracted COVID-19...

Can an Employer Interfere with a Decision of an Appointed Chairperson and Substitute it with Dismissal?
ENSafrica, August 2021

When can an employer in the private sector interfere with a disciplinary sanction imposed by a chairperson of a disciplinary hearing, in circumstances where the employer’s disciplinary code and procedure make no provision for such interference? In the recent decision in Anglo American Platinum (Ltd) v Edwin Andriaan Beyers, the Labour Appeal Court (“LAC”) was confronted with this question...

When can the Labour Court make a Settlement Agreement an Order of Court?
ENSafrica, August 2021

To avoid a complicated and lengthy disciplinary proceeding, employers might consider a mutual separation agreement, to terminate an employee’s employment and pay them a sum of money. In the case of Balsdon v Valley Macadamias Group (Pty) Ltd, the Labour Court had to decide whether it could make a mutual separation agreement a court order in terms of the Labour Relations Act, 1995 (“LRA”)...

Requiring that an Employee Speaks a Specific Language or be of a Specific Nationality: Unfair Discrimination or an Inherent Requirement of the Job?
ENSafrica, August 2021

Can an employer require its employees to speak a specific language or to be of a specific nationality as an inherent requirement of the job? Can an employee be dismissed for operational requirements if the employee is unable to speak that language or is not of a specific nationality? Would this be automatically unfair on the basis of unfair discrimination? This issue, along with several other claims, was what the Labour Appeal Court (“LAC”) had to decide in the matter of 

Employers Must Follow Fair Procedure, Even in Cases of Serious Misconduct
ENSafrica, August 2021

A recent Constitutional Court judgment is an important reminder to employers that employees must be granted a fair opportunity to ventilate their case at a disciplinary hearing. Failure to do so could result in an award for compensation against the employer, even when the misconduct was of a very serious nature and the employer was justified in dismissing the employee...

Operational Resilience: People
Shoosmiths LLP, August 2021

In our third Post Pandemic webinar, our panel discussed the topic of people in the context of Operational Resilience (OR). Shoosmiths’ Partner Sam Tyfield spoke to colleagues Yvonne Oakenfull (Learning & Development Manager), Kevin McCavish (Partner and Head of Shoosmiths’ London Employment team) and Karen Mortenson (Principal Associate in our London Employment team)...

National Surrogacy Week 2021
Shoosmiths LLP, August 2021

It’s National Surrogacy Week this week (2-8 August 2021) and the aim is to raise awareness and celebrate surrogacy and all the amazing work being done by professionals involved. The focus this year is on surrogacy choices in the UK to highlight organisations that can assist in a surrogacy journey. Surrogacy is a path to parenthood, which otherwise may not have been available to some...

Restrictions for Queensland Care Workers Based on COVID-19 Vaccination Status
MinterEllison, August 2021

From 4 August 2021, there are differing restrictions placed on the ability of workers in locked down areas in Queensland to attend work in a hospital, aged care or disability setting, even if that work would ordinarily be essential work. Importantly, the Direction is one of the first in Australia to draw a distinction between a vaccinated person (being a person who has received the prescribed doses of a TGA approved COVID-19 vaccination) and an unvaccinated person...

Millennials, All Grown Up
TSMP Law Corporation, August 2021

Not yet in the driver’s seat but hungry for change, millennials are lobbying to shape the way the companies are run. What do North Korea’s Supreme Leader Kim Jong-un, Finland’s Prime Minister Sanna Marin, United States Congresswoman Alexandria Ocasio-Cortez and Facebook co-founder Mark Zuckerberg have in common? They are all captains in their fields. And they are all millennials...

COVID-19 Vaccines and Emergency Use Authorization Challenges
Bradley Arant Boult Cummings LLP, August 2021

With employers reopening fully and employees returning to the workplace from the pandemic, there has been a steady flow of challenges -- both legal filings and political and public opposition -- by individuals opposing mandatory requirements from employers and institutions to be vaccinated in order to return to work or school, subject to certain legal requirements under the ADA and valid religious objections...

First Draw PPP Loans $2 Million and Up and the PPP Necessity Questionnaires 
Schwabe, Williamson & Wyatt, August 2021

Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers...

ALRUD Podcasts. Be Aware and Share
ALRUD Law Firm, August 2021

We would like to introduce you to our new project, Podcast in English – “Be Aware and Share”! In this series of discussions, we explore the topical legal challenges faced by business and, together with experts, analyze significant cases and provide solutions. Click here to learn more. 6 episodes are available right now: Teleworking in Russia: digital turn in employment. Employment solutions for commercial secrecy. Internal investigations in Russia...

From Paralegal to SYLA President: Chiara Pieri on Seizing Opportunities
Shepherd and Wedderburn LLP, July 2021

Solicitor Chiara Pieri tells Scottish Legal News about her career journey – from working as a paralegal to qualifying as a solicitor and becoming president of the Scottish Young Lawyers’ Association. In 2014 Chiara Pieri graduated from Glasgow University with an LLB with Italian – and plans to go globetrotting before embarking on her legal career...

Managing Holidays in a COVID-19 World
Shoosmiths LLP, July 2021

With the summer holidays upon us, what are the implications for employers managing holiday requests and the ever-changing guidance on foreign travel? We consider how to deal with employees who travel internationally and the current isolation rules...

Shoosmiths Response to COVID-19
Shoosmiths LLP, July 2021

In response to the coronavirus (COVID-19) we continue to undertake a series of measures to: 1. protect our employees; 2. provide continuity of support to our clients; and 3. work with critical elements of our supply chain to enable us to fulfil 1 and 2 Shoosmiths senior leadership, including our Chairperson, CEO, COO, business support Directors and business unit heads, are meeting as and when required to consider and act upon developments regarding COVID-19...

EPCRS Provides More Retirement Plan Self-Correction Opportunities  
Buchalter, July 2021

  On July 16, 2021 the IRS issued Revenue Procedure 2021-30, which modifies and supersedes Revenue Procedure 2019-19, expanding the Employee Plans Compliance Resolution System ("EPCRS").  EPCRS is a program for correcting documentation and operational failures for retirement plans that are intended to be qualified plans under Sections 401(a) and 403(b) of the Internal Revenue Code...

Buchalter TCPA Digest: More ATDS Cases Slip Past Pleading Stage, Plaintiffs Keep Trying to Leverage Facebook’s FN7, and Florida Enacts Not-so-“Mini” TCPA
Buchalter, July 2021

  The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting. This past month has seen more important developments in the wake of the Supreme Court opinion in Facebook v. Duguid, which gave us a narrow interpretation of the statutory ATDS definition...

Ohio’s Fresh Start Act Creates a Path to Professional Licensure for those with Prior Convictions
Dinsmore & Shohl LLP, July 2021

In January 2021, Ohio Governor Mike DeWine signed House Bill 263, better known as the Fresh Start Act (the Act), into law. The Act standardizes the professional licensure process in Ohio by removing vague disqualifiers such as “moral turpitude” and “lack of moral character.” Through its restorative justice approach, the Act offers professionals with records of certain prior offenses a path to licensure. Most of the Act’s provisions become effective on Oct...

New Monetary Penalties for Some Skilled Nursing Transfers, Discharges, and Readmissions
Hanson Bridgett LLP, July 2021

Key Points Governor Newsom signed into law Assembly Bill (AB) 133, which creates a $750 per day civil money penalty for skilled nursing facilities (SNF) that do not comply with a transfer, discharge, or readmission hearing decision within three calendar days. AB 133 also requires an SNF to submit a certification of compliance to the Department of Health Care Services (DHCS), attesting it has complied with the hearing officer's order...



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