In preparation for H-1B CAP Registration season, the Department of Homeland Security (DHS) has issued a final rule that limits each foreign worker to one entry into the H-1B lottery system. The H-1B Registration process had previously required companies, or other petitioners, to register with the U.S. Citizenship and Immigration Service (USCIS) and submit their requests for the individuals they sought to sponsor as part of the H-1B process ...
By: Leah Lively and Alexandra Shulman The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things, the rounding is conducted in a neutral manner and, if any favor is shown, it benefits the employee. For example, using rounding, if an associate clocked in any time from 7:53 a.m. to 8:07 a.m ...
In this follow up article we will explore how the crypto sphere has advanced since the previous article, revisit some of the predictions we made and identify key legal updates in the crypto market and what those updates mean for the insolvency world ...
The use of cryptocurrency or crypto assets in employee incentive arrangements is a relatively new and evolving area and it is therefore important to carefully consider the potential advantages and disadvantages of their use in incentive arrangements. Different types of crypto assets Crypto assets can take many forms including digital currency such as Bitcoin and Litecoin and NFTs (non-fungible tokens) such as art NFTs and collectible real estate NFTs ...
Last year, the UK Government announced increases in fees for immigration and nationality applications as well as priority processing services which took effect from 4 October 2023. As mentioned in our previous article, these increases are substantial and likely to have a significant financial impact for applicants and their sponsors. In addition, the UK Government are increasing the Immigration Health Surcharge shortly on 6 February 2024 ...
Last week, Shoosmiths hosted an event with leading industry body, techUK, labelled ‘Redefining web 3.0: Emerging economies, metaverse technologies and the new age of the internet’. During this event we heard directly from representatives from the sector, who delve into the business potential created by the merging of web 3.0 and Metaverse technologies ...
A report published on 25 January 2024 by the Competition and Markets Authority (CMA) reaches the conclusion that contrary to the situation in the USA, aggregate employer market power has not increased in the UK in recent decades. Economic theory identifies that where employer market power is high (typically because in an area there are only a few major employers and limited other choices for workers), the workers are paid less, employers employ fewer workers and production output is lower ...
In the latest contribution to the debate on the UK's approach to AI regulation, the Lords Communications and Digital Committee has published a report urging the government to adopt a 'more positive' vision for AI, rather than concentrating on its "far-off and improbable" risks ...
In December, the Government published MSL Regulations, together with guidance, specifying the minimum number of workers needed to operate public services in times of strike action; for more detail, please see our recent article. With the dispute between the ASLEF train drivers’ union and UK train operators still ongoing, industrial action has now been announced to take place between 30 January and 5 February, with significant disruption expected ...
In the third instalment of our series, we consider the practical elements of the ‘workcation’ concept. As we have seen, working elsewhere may seem like an attractive proposition to employees. They will undoubtedly be keen to take advantage of the opportunity to save precious annual leave entitlement, but it is important an employer sets some ground rules ...
On January 29th, 2024, Law No. 21,645, which modifies the Labor Code regarding the conciliation of personal life, family life and work life, entered into force (hereinafter, the “Law”) ...
This week, U.S. Citizenship and Immigration Services (“USCIS”) announced a new fee schedule that is slated to go into effect on April 1, 2024. Although it has been seven years since the last comprehensive fee increase, the new fees represent a substantial increase across several different forms and case types. Notable fee increases include: I-129 Petition for H1B nonimmigrant workers increases from the current level of $460 to $780 ...
Background On 20 June 2023 the Norwegian government made a proposal to amend Norwegian law by introducing regulation on gender balance for the board of directors in large and mid-sized private limited liability companies (Nw. aksjeselskaper), as well as certain partnerships, cooperatives and foundations. Previously, such requirements only applied to public limited liability companies, and the purpose of the proposal is, inter alia, to increase the proportion of women in Norwegian board rooms ...
This newsletter features a look into notable recent case law and other developments in Finnish competition law and other regulatory issues. Finnish Market Court gives its first detailed ruling on joint bidding In November 2023 the Finnish Market Court gave its judgment concerning a case on joint bidding in the field of public transport. This was the first time a Finnish court has in detail examined the lawfulness of joint bidding ...
The launch of our annual conference, Data Insights x Shoosmiths, took place on Wednesday, 24 January 2024 at our offices in London and virtually via live-stream. We were delighted to see a conversation between the titans of data transfer: Privacy Lawyer and Activist at NOYB Max Schrems and French MP Philippe Latombe, followed by a keynote from Barrister, Author and AI visionary Jamie Susskind ...
The Home Office has published a timeline for the implementation of measures to reduce net migration over the next 2 months. 6 February 2024 Immigration Health Surcharge will increase by 66% to £1,035 per year: Update: Confirmed date for increase to Immigration Health Surcharge (shoosmiths.com). 11 March 2024 Care workers and senior care workers will no longer be able to bring dependants ...
Employees have a statutory right not to suffer discrimination in the workplace; religion and belief is one of nine characteristics that are protected by discrimination legislation. We focus on this characteristic and the key issues employers face. What the law says Direct and indirect discrimination, harassment and victimisation are collectively referred to as prohibited conduct under the Equality Act 2010 (the Act) ...
On 31 January 2024, the UK government will bring into force HM Treasury’s proposed reforms to the financial promotion rules. The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (FPO) contains restrictions on the issue of communications which amount to “promotions” of investments in securities ...
