Member Articles
Digital Nomads - Legal and Tax Framework In the context of a growing transition to a digital economy, the possibility of working anywhere in the world as a remote worker is gaining more and more supporters, and this trend has been encouraged and promoted by many global companies. The concept of digital nomadism focuses on a lifestyle and work that can be considered nomadic in the sense that it does not depend on a fixed location and allows freedom to move around for extended periods of time... |
Key Considerations & Issues on COVID-19 Vaccine Rollouts Across Southeast Asia – Top 10 Q&A The opening year of this decade was sadly and tumultuously marked by the many public health challenges, travel restrictions, border closures, fears and economic hardship brought on by the coronavirus pandemic across the globe... |
ESG In Action: Diversifying Corporate Governance Dinsmore's Richik Sarkar was published in the American Bar Association's Business Law Today this week discussing a few lawsuits alleging that lack of board and management diversity constitutes a breach of fiduciary duty. An excerpt from the article, "ESG In Action: Diversifying Corporate Governance," is below. "While the purpose of these suits is laudable, significant threshold legal questions exist... |
Finally: Clarification on ECCAT 'Issues' Over the past couple of years, school systems have been faced with several personnel issues related to the ECCAT classification. Several grievances were filed relating to determining seniority of the ECCAT classification, with employees mainly alleging that seniority as an Aide should serve as the seniority date as an ECCAT... |
Supreme Court Expands Scope of 'Public Works' Definition — Contract Employees Performing Operations Work are Covered by Prevailing Wage Laws Key Points Historic definition of "public works" expanded beyond construction-related activities Supreme Court holds that some special districts must pay prevailing wages to workers performing non-infrastructure related tasks Full extent of coverage of prevailing wages for operational contract workers is unclear Labor Code Section 1720(a)(1) defines a "public work" as "construction, alteration, demolition, installation, or repair work done under contract and paid for in wh |
Additional Measures to Support Private Sector Workers & Revive the Post-COVID-19 Economy (Round 8) On 25 March 2021, the Royal Government of Cambodia (“RGC”) implemented ‘Round 8’ of measures aimed at mitigating the impacts of COVID-19 on businesses and workers in Cambodia. The RGC in their press release noted the positive update with respect to the development of COVID-19 vaccines and the fact that Cambodia has to date managed to effectively control COVID-19... |
The CRA Has Simplified the Process for Employees to Claim a Tax Deduction for Working from Home Due to COVID-19 In 2020, as offices and workplaces across Canada closed or reduced staffing capacity due to COVID-19, many Canadian workers who normally performed work at their employer’s worksite were suddenly required to work from home, either fully or partially. While this has not always been an easy transition, the silver lining is that such workers may be eligible for an income tax deduction in respect of their work-from-home situation... |
BEIS White Paper: Corporate Governance and Directors In the wake of the spate of recent business collapses the Department of Business, Energy and Industrial Strategy (BEIS) has published a White Paper titled “Restoring trust in audit and corporate governance”. The White Paper is open for consultation until 8 July 2021, and feedback can be submitted directly online via the BEIS website or emailed to [email protected]... |
The Future of Manchester – A Dynamic Production COVID-19 has forced us to completely rethink the way we live, work and move around. It has begged the question: what is it that makes a great city? Manchester is one of the fastest-growing cities in the UK. With cranes dominating the skyline, billions continue to be invested into the city centre as it evolves into a city of quarters... |
DIFC Courts Issue First Judgement Summoning UAE Witnesses The DIFC Court of First Instance has, for the first time in its history, issued a judgement allowing the examination of witnesses resident in the UAE pursuant to two requests for judicial assistance (Letters Rogatory) from the District Court of the State of Minnesota, USA (the US Court). The judgement, issued by Justice Robert French, clarifies the scope of Rules 30.65, 30.66 and 30.67 of the Rules of the DIFC Courts (the RDC)... |
The American Rescue Plan Act of 2021: What to Know About COBRA and PPP Changes The American Rescue Plan Act of 2021 (“ARP Act”), the $1.9 trillion pandemic aid bill, contained changes to (1) the Paycheck Protection Program (“PPP”) by expanding eligibility and other items and (2) the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). The ARP Act provides for fully subsidized COBRA premium payments... |
Buchalter COVID-19 Client Alert: California’s COVID-19 Supplemental Paid Sick Leave Returns On March 19, 2021, Governor Gavin Newsom signed Senate Bill No. 95 (SB95) and revived California’s COVID-19 Supplemental Paid Sick Leave. By March 29, 2021, employers of more than 25 employees must provide Supplemental Paid Sick Leave for covered employees who are unable to work or telework due to concerns related to COVID-19 through at least September 30, 2021... |
Beyond the Buzz Word - Engagement It’s fair to say that ‘employee engagement’ has become quite the buzz word(s) in organisations’ quest for a competitive advantage. But what is engagement really and what impact does it have on performance? Furthermore, how do we drive employee engagement at a time when our own wants and needs are evolving right in front of us? This blog will attempt to scratch the surface on what is a much larger topic... |
Cambodia: Additional Measures to Support Private Sector Workers & Revive the Post-COVID-19 Economy (Round 8) On 25 March 2021, the Royal Government of Cambodia (“RGC”) implemented ‘Round 8’ of measures aimed at mitigating the impacts of COVID-19 on businesses and workers in Cambodia. The RGC in their press release noted the positive update with respect to the development of COVID-19 vaccines and the fact that Cambodia has to date managed to effectively control COVID-19... |
Cambodia: Deadline for Foreign Employee Work Permit Application Now Extended to 31 May 2021 On 26 March 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Notification 013/21 (“Notification”) on extending the deadline for foreign employee work permit applications in order to help foreign employees who face difficulties in returning to Cambodia in light of recent COVID-19 outbreak... |
Government Enforcement for Misuse of Paycheck Protection Program and Other COVID-19 Relief Funds: What You Should Know The new American Rescue Plan Act[1] (ARPA) as signed into law earlier this month provides for $1.9 trillion in economic stimulus, supplementing last year’s Coronavirus Aid, Relief, and Economic Security (CARES) Act[2] and its $2.2 trillion allocation, both undertaken in response to the economic impact of the COVID-19 pandemic in the United States... |
Court of Appeal Finds Overlying Correlative Rights Do Not Have to Share Equally in Water Shortages (Antelope Valley Groundwater Cases, JCCP No. 4408 (3/16/21))[1] After twenty-two years, the protracted proceedings in the Antelope Valley groundwater adjudication resulted in a settlement and court-approved "physical solution." A physical solution equitably allocates available water under California's laws governing water rights. The physical solution in Antelope Valley limited pumping to balance the overdrafted aquifer with the available native safe yield... |
National Minimum and Living Wage Updates: A Word of Warning From April 1 2021 new rates for the National Minimum Wage (“NMW”) and the National Living Wage (“NLW”) will take effect. Chancellor Rishi Sunak commented that “taken together, these minimum wage increases will likely benefit around two million people”... |
Hidden in the American Rescue Plan Act: More Reasons for Employees To Take FFCRA Leave and More Time for Employers To Receive Tax Credits While many Americans are receiving their $1,400 payments from the American Rescue Plan Act (“ARPA”), signed into law on March 11, 2021, employers should be paying attention to the somewhat buried language regarding Families First Coronavirus Relief Act (“FFCRA”) tax credits. Does the ARPA Require Paid Leave? No... |
Change is Near: What the Biden Executive Order Means for Title IX Misconduct Claims On March 8, President Biden took his first steps in reversing the Trump Administration’s Title IX policy by issuing an Executive Order 14021 (“Order”) directing the Secretary of Education to review the Title IX rules issued by the Trump Administration... |
The American Rescue Plan Act of 2021: Congress Adds a Few Tax Surprises to Its Rescue Package The American Rescue Plan Act of 2021, Pub. L. No. 117-2 (the “ARPA”), signed into law on March 11, 2021, by President Biden, contains a few unexpected tax surprises... |
Government Announces a Social Protection Network Strengthening On March 22, 2021, through a televised address, the President of the Republic announced the strengthening and extension of the Social Protection Network, destined to mitigate the adverse effects caused by the restrictions due to the COVID-19. These measures are based on 5 pillars: • Greater protection to the families’ incomes. • Strengthening of the middle-class support. • Greater job protection... |
What Did I Miss in 2020... And What's in Store for 2021? COVID-19 has undoubtedly occupied the minds of employment lawyers and businesses over the past 12 months; however, what else has happened in the world of employment law that we might have missed? In our webinar, we looked at the changes that have taken place in the employment context over the past year and we looked ahead at the changes we can expect to see in 2021. Looking back... Section 1 changes A number of key changes took place in April 2020... |
COVID-19 - Legal Updates For Employment Law: The “Sostegni” Decree Following the extension of the state of emergency until April 30, 2021 and the issuance of further pieces of legislation in connection with the COVID-19 emergency, including the recent Decree of March 13, 2021, no. 30 (that introduced, among others, new parental leaves and baby-sitting vouchers), the so-called “Sostegni Decree” has been just issued (Decree of March 22, 2021, no. 41, in force from March 23, 2021) ... |
California Employers Face New COVID-19 Supplemental Paid Sick Leave Requirement Key Points California employers with more than 25 employees must provide an additional 80 hours of COVID-19 supplemental paid sick leave to full-time employees for qualified reasons COVID-19 supplemental paid sick leave is retroactive to January 1, 2021, and must be paid out on an employee's oral or written request made on or after March 29 The amount of COVID-19 supplemental paid sick leave available must be listed as a separate line item on employees' wage statements, no later tha |
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