CJEU Advocate General Opinion on Obesity as a Ground of Discrimination

The Court of Justice of the European Union (CJEU) has recently considered the issue of whether or not European equality law protects people from discrimination on the grounds of their weight. In the Case C-354/13 Karsten Kaltoft v Kommunernes Landsforening, acting on behalf of the Municipality of Billund, a Danish child minder argued he had been the victim of unlawful discrimination after he was allegedly fired for being overweight. His employers argued that Mr Kaltoft, who weighed around 160kg, was unable to perform basic tasks which were expected in his job, such as tying the laces of the children in his care.

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McDonald Hopkins Government Strategies: This Week in Washington — August 22, 2014

Some House Republicans—hopeful their party will take over the Senate majority—are now privately hedging on whether they should go along in September with passage of a continuing resolution (CR) that would expire in December, rather than some later date in 2015. If pushed into next year, the GOP then might control both chambers and Democrats would have less leverage in passing a new budget bill.

The House is scheduled to return to session on Sept. 8 for 10 days of legislative work next month and two days in October, when they then break for good until after the election. Senate Majority Leader Harry Reid (D-NV) has said senators will be in session through Sept. 23, but will also be working on the weekends.

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Data Privacy and Cybersecurity: Board members beware: The SEC is watching

Data breaches have increased dramatically. In fact, according to a 2014 Internet security threat report published by Symantec, data breaches increased in 2013 by 62 percent. Therefore, it is not surprising that the Securities and Exchange (SEC) Commissioner, Luis A. Aguilar, recently addressed what boards of directors can, and should do, to ensure that their organizations are addressing cyber risks. Aguilar detailed the alarming rate at which companies are experiencing cybersecurity issues at a recent “Cyber Risk and Boardroom” conference.

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State of the Creative Series: Interview with the Chief Creative Officer at R/GA


So far in the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, and 360i. This week we continue to examine what it means to be a creative in today’s world…



I sat down with Nick Law, Chief Creative Officer at R/GA, to discuss the state of the creative today.

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Overtime in the Calculation of Holiday Pay

The Employment Appeal Tribunal (EAT) recently heard several important cases concerning the calculation of holiday pay. More specifically, in the cases of Bear Scotland Ltd v Fulton and another; Hertel (UK) Ltd v Wood and others; Amec Group Ltd v Law and Others, the EAT held that non-compulsory overtime could be accounted for when calculating holiday pay.

The EU Working Time Directive (2003/88/EC) stipulates that workers have the right to at least four weeks of paid annual leave. Under the Working Time Regulations 1998, employees are entitled to a ‘week’s pay’ for every week of annual leave taken. In the past, it had been suggested that only compulsory overtime – which employers were obliged to give and employees were required to work – would be used to calculate the value of a week’s pay. That position, however, had to be reconsidered in light of the decision of the Court of Justice of the European Union in Case C-155/10 British Airways v Williams, which made it clear that payments for overtime should be accounted for, as long as they were ‘intrinsically linked’ to the employment contract.

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Customs Delivers Duty Pain with New Notice

The Australian Customs and Border Protection Service (“Customs“) published an Australian Customs and Border Protection Notice (“ACN“), ACN 2014/36, on or about 14 August 2014, but dated 31 July 2014, advising of the revocation of ACN 2000/30.  ACN 2000/30 represented Customs’ view from the year 2000 on the interaction between the relevant Incoterms and liability for customs duty.  Specifically, ACN 2000/30 clarified the previous position of Customs as to who the owner of imported goods was for Customs entry purposes, and who the importer was for Goods and Services Tax (“GST”) purposes in regards to Delivery Duty Paid (“DDP“) and Delivery Duty Unpaid (“DDU“) transactions.   More…

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Multistate Tax Update — August 21, 2014

The Court of Appeals of Colorado affirmed a lower court ruling providing that pipelines and fittings located in one of Colorado’s enterprise zones, which are used to gather and deliver natural gas from a taxpayer’s wells to its’ processing facilities, qualify for Colorado’s sales tax exemption because these items of machinery “are in direct use in the manufacturing of natural gas.” (Pioneer Natural Resources USA Inc. v. Colorado Department of Revenue, 2014 COA 101 (Colo. App. Div. I 2014)).

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Every credit union advertises. And, every credit union faces the same question: what disclosures are required on my advertisement? Often, there are internal discussion and meetings (fights?) at the credit union – most likely involving those responsible for marketing and those responsible for compliance.

How can credit unions understand and manage the compliance risks related to their advertising? I’ve been fortunate to work with credit unions throughout the country – first as the lead compliance attorney at NAFCU and now in private practice. Based on this experience (I’ve spent a good deal of time “in the weeds” of the overlapping regulations), below are my 7 Advertising Compliance Tips for Credit Unions. More…

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Large Data Breach Highlights Risks from Foreign Hackers

Community Hospital Systems (CHS) has announced that the personal information of approximately 4.5 million patients has been breached.  According to CHS, the information includes patient names, addresses, social security numbers, telephone numbers, and birthdates. Although the breached records do not contain the details of the patients’ treatment at CHS’ hospitals, the identifying information in the […]

The post Large Data Breach Highlights Risks from Foreign Hackers appeared first on OMW Health Law.

For more information please visit or click on the headline above.

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Container detention fees an unlawful penalty?

There have been ongoing debates as to the quantum of container detention fees charged by shipping lines.  This has been a controversial issue, as many are of the view that the heavy fees imposed do not constitute a genuine pre-estimate of the damages expected to be suffered from the late return or non-return of a shipping container and are better considered as penalties and unenforceable.

This issue has been reawakened by a class action filed on 12 August 2014 against ANZ, Citibank and Westpac (“the New Class Action”).  The New Class Action follows on from a series of previous litigation concerning the enforceability of the quantum of certain bank fees.  More…

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