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Lawson Lundell LLP | June 2021

With increasing numbers of Canadians being immunized each day against COVID-19, the question on many peoples’ minds is whether Canadians will be asked to prove they are vaccinated by way of a vaccine passport. Vaccine passports can take a range of forms, but the defining feature is a verified record of a person’s immunization status ...

Shoosmiths LLP | May 2023

After just over a week of waiting, the Government yesterday confirmed that the plan to throw some 4,800 pieces of Retained EU Legislation (“REUL”) onto the bonfire at the end of this year has now been scaled back. Instead we will only lose in the region of 500-600 pieces of legislation, with all remaining REUL becoming English Law ...

Dykema | June 2021

Litigation between the Associated General Contractors of America (AGC) and the Small Business Administration (SBA) may be nearing an end (The Associated General Contractors of America, Inc. vs. United States Small Business Administration, et al.,United States District Court for the District of Columbia). AGC initially filed a lawsuit against SBA in December 2020, challenging the introductions of Form 3509 and Form 3510 (Loan Necessity Questionnaires) in October 2020 ...

Japan has a history of investment and joint ventures in India. Foreign direct investment from Japan increased to USD35 billion between 2000-2020, with USD10 billion worth of inbound mergers and acquisitions in 2015-2020 alone. Factors including geopolitical realignments in Asia, excess global liquidity and a new, incentive-based manufacturing regime in India mean that the economic relationship between India and Japan in high-value manufacturing is likely to expand further ...

The Centers for Medicare and Medicaid Services (CMS) announced the creation of so-called “Pioneer ACOs” on May 17 in an attempt to blunt heavy criticism over the draft regulations on Accountable Care Organizations (ACOs) issued on March 31, 2011 (the “Draft Regulations”).1 The Draft Regulations have been criticized due to their burdensome data collection requirements, large start-up costs, uncertain savings, possible losses and troublesome governance mandates ...

Haynes and Boone, LLP | March 2018

The California Division of Occupational Safety and Health (Cal/OSHA) held an advisory meeting in January to solicit input and comments on their proposed draft rules for workplace violence prevention that would apply to nearly all California employers. Passage of these standards would make California the first state to issue workplace violence rules which would surpass federal protections ...

ENSafrica | April 2012

Over the years, Mauritius has proved to be a reputable and internationally recognised, competitive and dedicated global financial centre that attracts investors not only for its tax incentives and its numerous and advantageous OECD model double tax treaties ...

Shoosmiths LLP | March 2023

Amidst the UK's labour shortage, there has been a rise in part-time working. Why is full-time employment falling out of favour and how can the Chancellor address this? It is well documented that the UK has a labour shortage. There is no agreed consensus on the cause of this shortage; with early retirement, post-pandemic economic inactivity and Brexit all floated as potential contributing factors ...

Carey Olsen | March 2023

But what are the reasons for this? And what are the advantages of establishing a fund in Guernsey when compared to other jurisdictions?   As the leading legal adviser to Guernsey’s investment funds sector by both number of funds advised and by assets, we believe that the following reasons help to explain Guernsey’s success and provide strong arguments for choosing Guernsey ...

ENSafrica | March 2023

As businesses continue to operate in an increasingly globalised economy, the transfer of personal data across international borders has become a critical aspect of many operations. However, with the latest legislative changes from the EU, it has become more challenging to transfer data lawfully to third countries. By now, you may have had requests to amend your contracts with international counterparts ...

Shepherd and Wedderburn LLP | November 2021

  Between Brexit and the pandemic, the UK is experiencing its most severe labour shortage since the 1990s. Businesses can mitigate against these recruitment issues by obtaining a licence from the Home Office to sponsor foreign staff.  A sponsor licence may not magically generate willing workers, but it will ensure the holder remains agile when an international recruitment opportunity arises ...

Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling with the question of how best to determine the COVID-19 vaccination status of their employees ...

Shearn Delamore & Co. | August 2018

IN THIS ARTICLE PARVATHY DEVI RAJA MOORTHY LOOKS AT THE IMPORTANCE OF ASCERTAINING THE IDENTITY OF THE EMPLOYER WHEN LODGING A COMPLAINT OF UNFAIR DISMISSAL ESPECIALLY IN SECONDMENT CASES.   Introduction The correct identification of an employer is essential in the lodging of an unfair dismissal complaint pursuant tosection 20of theIndustrial Relations Act 1967where the relationship between the employee and the company is unclear ...

Lawson Lundell LLP | May 2014

The Supreme Court of Canada has provided some important guidance regarding who qualifies as an “employee” under the British Columbia Human Rights Code in the case of McCormick v. Fasken Martineau DuMoulin LLP 014 SCC 39). Mr. McCormick was an equity partner at Fasken. The Fasken Partnership Agreement required Mr. McCormick to divest his ownership in the partnership and retire at the end of the year in which he turned 65. Mr ...

Asters | August 2022

On June 21, 2022, the government adopted Resolution No. 702 , which regulates the procedure for receiving partial unemployment benefits. From now on , self-employed persons and employees who have lost part of their income can count on assistance from the state. However, it should be noted that it is not the employee, but the employer who should seek help ...

Hanson Bridgett LLP | September 2017

The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities.  Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...

Hanson Bridgett LLP | September 2017

The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities.  Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...

Shoosmiths LLP | June 2021

In our previous article we set out what kind of information needs to be disclosed for it to qualify as a protected disclosure. Here we look at another key requirement, that the person making the disclosure reasonably believes it is in the public interest. What is (or is not) in the ‘public interest’ is not defined in legislation, and subsequently it can be difficult to determine ...

Shoosmiths LLP | May 2021

This is the first in a mini-series of articles setting out how whistleblowing claims can be (and are being) pursued in the Employment Tribunal during the pandemic. This first article discusses the concept of a 'protected disclosure'. Whistleblowing is not always as dramatic or headline-grabbing as this, and disclosure can often be made on a more day-to-day level ...

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 ...

DORDA | January 2024

Legal Business World    Once seen as an overreach, Directive (EU) 2019/1937 may soon become the new global standard of worker protections. At the end of 2021, a significant transformation swept through the European Union (EU) corporate landscape with the emergence of the Directive (EU) 2019/1937 or the “Whistleblowing Directive.” The groundbreaking legislation was a clarion call for change by ensuring minimum standards of protection for whistleblowers across the EU ...

Shoosmiths LLP | December 2021

In the final instalment in our series of articles looking at whistleblowing claims, we look at types of whistleblowing claims and their potential remedy at an employment tribunal. Previously we looked at what amounts to a protected disclosure, how clear and effective policies in place helps employers to handle protected disclosures and the handling of complaints confidentially and/or anonymously ...

Dykema | January 2021

The President recently signed into law the Criminal Antitrust Anti-Retaliation Act (S. 2258) (116th Cong. (2020)), which amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. It grants stronger protections to employees who come forward with claims of antitrust violations. Specifically, the law prohibits employers from discharge, demotion, or suspension, as well as any discrimination against any employee who assists in a government antitrust investigation ...

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