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Amidst Uncertainty Surrounding the Scope of BIPA Liability, Hyatt Settles Employee Biometric Data Class Claims for $1.5 Million
Hunton Andrews Kurth LLP, July 2021

Use of employee biometric data – including fingerprints, eye scans, voiceprints, and facial scans – continues to be a popular, yet legally risky, proposition for employers. Several states and municipalities have laws that specifically govern the use of biometric data, the highest profile of which is the Illinois Biometric Information Privacy Act (BIPA)...

Norwegian Legal Update, Summer 2021 – ESG Compliance
Simonsen Vogt Wiig AS, July 2021

What is to come: new ESG reporting requirements Norway introduced legislation presenting social reporting requirements already in 2013 through the introduction of section 3-3 of the Norwegian Accounting Act in anticipation of the Non-Financial Reporting Directive 2014/95 (NFRD)...

Another TERS Extension with Payments Made Directly to Employees
ENSafrica, July 2021

In light of the recent Adjusted Alert Level 4 restrictions, the TERS has officially been extended once again for certain affected employees. The new claim period is from 16 March 2021 to 25 July 2021. Applications for the extended TERS benefit opened on 19 July 2021 and payments are due to commence from 26 July 2021...

Employer, You Missed the Vaccine Risk Assessment Deadline. Now What?
ENSafrica, July 2021

The updated Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces gave employers until 2 July 2021 to undertake or update their risk assessments to determine whether they intend to make vaccinations mandatory and for whom...

An Employee Does Not Have to be Caught Red-Handed in an Act of Misconduct to be Found Culpable
ENSafrica, July 2021

A group of 50 striking employees confront their manager in his office. An altercation ensues, which culminates in the manager being violently assaulted. Only five of the striking employees are caught “red-handed”, having been identified as the perpetrators of the violent assault. The rest are only identified as having been there when the assault took place...

Practical Tips on Private OFCs, Subsidy Grant Scheme and Re-Domiciliation
Deacons, July 2021

On 25 June 2021, Fiona Fong, one of our financial services partners, interviewed Elizabeth Wong, an Associate Director of Investment Products at Hong Kong’s Securities and Futures Commission (SFC)...

A Banking and Financing Summary after a Hectic Period
Simonsen Vogt Wiig AS, July 2021

We have this year assisted with numerous new financings, covering everything from new bank syndicates, refinancings, direct lending and bond loans. It has in periods been especially hectic within the shipping, aviation and renewable energy sectors. On the regulatory side, we have had a particular focus on the LIBOR transition...

House Bill 75 Brings Pro-Business Changes to Ohio Workers’ Compensation Law
Dinsmore & Shohl LLP, July 2021

Governor Mike DeWine signed House Bill 75 on June 29, 2021, appropriating budget funding for the Ohio Bureau of Workers’ Compensation (BWC) for the 2022-2023 biennium and enacting some pro-employer changes to workers’ compensation law...

NMLS Transition Update for Existing California Financing Law Licensees: CA DFPI Has Opened the NMLS Portal to Receive Transition Applications
Buchalter, July 2021

  Following July 8, 2021’s Client Alert, the California Department of Financial Protection and Innovation (DFPI) posted its CFL Transition Checklist for existing California Financing Law licensees to begin the license administration transition over to the Nationwide Multistate Licensing System (NMLS) portal. The deadline for submitting CFL transition applications through the NMLS portal is December 31, 2021...

IRS Expands Self-Correction under EPCRS and Adds New Overpayment Correction Methods
Buchalter, July 2021

By: Jenni Krengel and Tonie Bitseff On Friday, the IRS issued Revenue Procedure 2021-30 expanding the Employee Plans Compliance Resolution System ("EPCRS")—a voluntary program for correcting errors in tax-qualified and section 403(b) plans—by adding two new methods for recouping benefit overpayments, among other changes...

CA Supreme Court Ruling on Meal and Rest Premium Pay Will Force Employers to Take Action
Hanson Bridgett LLP, July 2021

Key Point Employers must immediately change the manner in which they calculate and pay employee meal period and rest break premiums if they pay those premiums using an employee’s regular hourly rate in any workweek that an employee receives additional non-discretionary earnings. Introduction On July 15, 2021, in Ferra v...

Shearn Delamore & Co Legal Updates July (1)
Shearn Delamore & Co., July 2021

Financial ServicesRuling of Shariah Advisory Council of Bank Negara Malaysia on QardAt its 213th meeting of the Shariah Advisory Council (“SAC”) of Bank Negara Malaysia, the SAC ruled that the method under Malaysian Financial Reporting Standard (“MFRS”) 17 Insurance Contracts and MFRS 9 Financial Instruments may be adopted to measure qard (interest free loan) for transactions between shareholders’ fund and takaful fund...

OP-ED: Residential Utility Bills: A Well-Intentioned Law Creates a Serious Trap for the Unwary
Schwabe, Williamson & Wyatt, July 2021

Utility bills can bring unwelcome surprises: a water bill that reminds you of the extra irrigation costs incurred during a heat wave, an electric bill that makes you realize how much extra power is used when working from home or gaming nonstop, an embarrassing cable bill documenting how many shows you binge-watched last month...

Analysis of CFPB’s New Ability-to-Repay Rule for Qualified Mortgages
Dinsmore & Shohl LLP, July 2021

On Dec. 29, 2020, the Consumer Financial Protection Bureau (CFPB) published a final rule amending Regulation Z’s Ability-to-Repay/Qualified Mortgage (QM) requirements (the New Rule). Regulation Z requires creditors to make a reasonable, good-faith determination of a consumer’s ability to repay their residential mortgage loan. Loans that comply with Regulation Z’s requirements qualify for certain protections from liability...

Is Your Law Firm Ready for Generation Z?
Kocian Solc Balastik, July 2021

Who remembers fax machines as being de rigueur in legal and professional service offices? And what are we currently using as a trusted tool that will go the way of the fax? Generation Z–those born in the late 1990s, the oldest of whom are almost 25–will soon make up almost one-third of the world’s population and they are taking their first steps into the professional workplace...

All Employers May Be Impacted by President Biden’s Executive Order on Promoting Competition in the American Economy
Dykema, July 2021

On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy (the "Order"). This sweeping Order affirms that it is the policy of the President’s Administration to enforce the antitrust laws to combat concentration and abuses of economic power in a number of markets, including: labor, agriculture, healthcare (including i.e...

What Does "Freedom Day" Really Mean for Employers?
Shoosmiths LLP, July 2021

Exactly 480 days after the first lockdown measures were introduced in England, 19 July – the so-called Freedom Day - will see the most significant easing of COVID-related measures in England since the pandemic began. But what will this mean for employers? Despite all the propaganda, it is unlikely that in years to come 19 July 2021 will be marked, remembered and celebrated as Freedom Day...

UBO Registration: It’s Time to Comply or Risk being Penalised
Afridi & Angell, July 2021

The UAE has introduced new administrative sanctions on all entities that fail to comply with the requirements of Cabinet Decision 58 of 2020 concerning the Regulation of Real Beneficiary Procedures (Decision 58 of 2020). Issued on 23 May 2021, Cabinet Decision 53 of 2021 (Decision 53 of 2021) empowers the Ministry of Economy and the relevant licensing authorities in the UAE to administer various penalties on violators of Decision 58 of 2020...

First Draw Loans at or Over $2 Million—SBA Discontinues Use of Necessity Questionnaires and What Is Next
Schwabe, Williamson & Wyatt, July 2021

As per our earlier articles, in late 2020, the SBA began requiring borrowers with First Draw PPP loans $2 million or greater to complete a PPP Loan Necessity Questionnaire (Form 3509 (For Profit Borrowers) or Form 3510 (Non-Profit Borrowers)) as part of the forgiveness process. These forms were the subject of a lawsuit in December 2020 advanced by the Associated General Contractors of America (“AGC”)...

Digest of Key Judgments Concerning Russian Migration Legislation from 2019 to 2021
ALRUD Law Firm, July 2021

Please find, herein, the latest up-to-date digest of the most significant court decisions, concerning migration legislation. Here are the key decisions of the Higher Courts of the Russian Federation, as well as precedents of regional judicial authorities, from 2019 to 2021. 1...

How to Minimize Individual Liability for Employment-Related Claims
Dinsmore & Shohl LLP, July 2021

Dinsmore partner James Reid was recently published in Bank Director with his article "How to Minimize Individual Liability for Employment-Related Claims," an excerpt of which is below...

Biden Executive Order Calls for Ban on Noncompete Agreements
Dinsmore & Shohl LLP, July 2021

On Friday, July 9, 2021, President Joe Biden signed an executive order directing various federal agencies to implement 72 specific actions intended broadly to increase competition in the American economy. The executive order is intended to impact a wide range of economic activity, including mergers and acquisitions, occupational licensing, anticompetitive behavior, and prices of medical devices and prescription drugs...

Preparing for the Full Implementation of the DOL Fiduciary Rule
Dinsmore & Shohl LLP, July 2021

The second iteration of the Department of Labor Fiduciary Rule – PTE 2020-02 (DOL Fiduciary Rule) became effective on Feb. 16, 2021. However, the Department of Labor (DOL) provided that it would not pursue enforcement actions against firms who work “diligently” to comply with the Impartial Conduct Standards...

Texas’s Major Lien Law Makeover: What You Need to Know
Bradley Arant Boult Cummings LLP, July 2021

Chapter 53 of the Texas Property Code just received major updates for the first time in years. On June 15, 2021, Gov. Greg Abbott signed into law HB 2237. This bill makes many notable changes to Texas’s lien laws. The construction industry and construction lawyers should take note of these changes to the complex and often confusing world of mechanic’s, contractor’s, and materialman’s liens in Texas...

Blameless Employer Claiming Against the Wrongdoer – How Much Can the Employer Recover?
Deacons, July 2021

The Employees’ Compensation Ordinance Cap. 282 is a non-fault based system of compensation. Under this scheme, compulsorily-insured compensation is speedily paid to injured employees or their family members. A blameless employer who has paid the compensation upfront may find consolation in s.25(1)(b) of the Ordinance which confers the employer a right of recovery against the wrongdoer...

 

 

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