By: Leah Lively and Alexandra Shulman On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a new final rule, “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” aimed at clarifying the distinction between employees and independent contractors under the Fair Labor Standards Act (“FLSA”) ...
Following an antitrust investigation, in 2017 the European Commission had fined Google LLC and Alphabet Inc. a record €2.4 billion for abuse of Google’s dominant position. In brief, it found that Google was self-preferencing, by presenting results from its own Google Shopping first upon a so called “Google search”. On appeal to the General Court, the fine was confirmed in 2021 ...
This article discusses the key employment law cases since October 2023 and what employers can learn from them. This follows our previous article in which we discussed relevant cases that arose during the summer months ...
Earlier this year the government passed the controversial Strikes (Minimum Service Levels) Act 2023. Following on from this, detailed guidance has now been published for employers, trade unions and workers on the issuing of work notices. The Strikes (Minimum Service Levels) Act (Act) came into force on 20 July 2023 and attempts to alleviate the disruption caused to the public by prolonged strikes in certain sectors in the wake of recent, sustained industrial action ...
The Online Safety Act 2023 implements broad reforms for how many businesses must operate their online services. Here, Matthew MacLachlan explains the action to take now to comply. The Online Safety Act 2023 (‘the Act’) received Royal Assent in October 2023. Although the Act is now law, it will not be enforced by the regulator, Ofcom, until secondary legislation is passed and when Ofcom’s draft codes of practice are finalised ...
Following the recently reported hack of the US Securities and Exchange Commission (SEC)’s social media account yesterday (10 January 2024), the SEC formally announced that it had approved the launch of 11 Bitcoin ETFs in the US. As the announcement states, these approvals are not an endorsement of cryptocurrency as an “investment” or of any of the issuers of the ETFs themselves ...
Please note the following press release. This press release is available at our homepage. DATAGROUP, advised by Heuking, acquires iT TOTAL AG A team led by Dr. Rainer Herschlein and Benedikt Raisch legally advised DATAGROUP SE on the acquisition of iT TOTAL AG. DATAGROUP thus expands its footprint in southwest Germany and enhances its position with attractive customers and experienced IT professionals ...
Jon Bew and Wayne Gibbard, co-heads of the Financial Services Sector at Shoosmiths, comment on upcoming trends and developments to expect in 2024 for the sector. Everyone is feeling it, the rumbling of a technological storm. The immergence of generative AI, RegTech and increased fraud and cyber risk, have swept clouds of uncertainty across the Financial Services Sector… ...
Compliance Will Need Banks to explain “How the AI Systems Work” Delano Magazine Written by: Kangkan Halder Published on 24.12.2023 The growing role of artificial intelligence in processing information for legal documentation and counsel won't eliminate the need for human lawyers or ethical judgments, argue Marc Mouton and Astrid Wagner, partners at Arendt & Medernach ...
On January 9, 2024, the U.S. Department of Labor (the “DOL”) announced the final rule regarding when employers can classify workers as independent contractors under federal labor law. The DOL first proposed the rule in October of 2022. What Employers Need to Know The DOL’s new rule has consequences for employers. More individuals are likely to be classified as employees rather than independent contractors. Most federal and state labor laws apply only to employees ...
On Dec. 13, 2023, in a 4-1 vote, the Federal Communications Commission finalized new rules to close the so-called lead generator robocall and robotexts loophole, marking a significant paradigm shift in lead generation practices. On Dec ...
Carly Parrott rejoins Carey Olsen as Head of Employment in Guernsey Carly previously served as counsel in Carey Olsen's employment team in Guernsey from 2017 to 2020 and brings with her a wealth of experience and an established reputation as one of the Island's top employment lawyers ...
Following the Act of 19 December 2023 (published on 27 December 2023), the legislator has introduced a reconciliation procedure in the commercial and labour courts as well as in the courts of appeal. Previous situation The tool that Father Christmas has just added to the Belgian ADR toolbox is not new. Reconciling the parties has expressly been part of each court’s remit since 2018 ...
Can a patent be infringed even if the patented product is not manufactured, assembled, or even used? Indeed, such infringement is possible. In fact, this is known as the theory of inducement of infringement. Naturally, acts of ?inducement? must meet certain conditions before inducement of infringement can be found. The Federal Court of Appeal recently clarified these conditions ...
In recent years, the job market has changed considerably, especially further to the pandemic and the impacts it has had. Employers and employees in Quebec faced unprecedented situations, and these appear to have led to a significant increase in claims for recognition of psychological occupational injuries, such as adjustment disorders and depression ...
Shoosmiths’ Technology Sector Group comments on upcoming trends and developments to expect in 2024 for the sector. Artificial Intelligence (AI) Alex Kirkhope – IT & Tech Partner With Collins Dictionary naming “AI” its word of the year, there is no disputing that artificial intelligence has been the world’s most talked about technology of 2023 ...
Identità Malta, formerly known as Identity Malta, has introduced a new initiative, the Specialist Employee Initiative, aimed at expediting the application process for skilled foreign workers. The initiative promises to process applications within fifteen (15) working days and is an extension of the existing Key Employee Initiative, which fast-tracks applications for highly skilled employees in a managerial or highly technical role within five (5) working days ...
Crypto assets are a rapidly evolving and highly innovative sector of the financial industry, offering new opportunities and challenges for businesses, consumers and regulators. Crypto assets are digital representations of value or contractual rights that use cryptography and distributed ledger technology (DLT) to enable peer-to-peer transactions without intermediaries ...
In June of 2022, the Supreme Court of the United States unanimously held in American Hospital Association v. Becerra that the United States Department of Health and Human Services (“HHS”) and the Centers for Medicare and Medicaid Services (“CMS”) overstepped their statutory authority when cutting 340B-related reimbursements to hospitals from 2018 through 2022 ...
What do you do when you have a safety incident on a job? Are you prepared? This article will focus on some things to consider if you have a safety incident. Assistance The No. 1 priority should be to safely assist anyone that has been injured if you can. Time can be of the essence when safety events occur. You may need to call 911 depending on the circumstances. Do not wait for someone else to call 911. You may need to administer first aid ...
Last year, the cost-of-living crisis, industrial action and global conflicts dominated the headlines and added to the challenges faced by UK businesses. So, what does 2024 have in store for employers, in the employment law arena at least? Changes to the Working Time Regulations and TUPE Following a consultation last year, the government published the Draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 on 8 November 2023 ...
The UK government has recently proposed new regulations to strengthen security measures for data centres operating in the UK. The new regulations aim to protect data centre facilities against potential disruption, including cyber-attacks, physical threats, and extreme weather events ...
