Monthly Archives: November 2011
TARK GRUNTE SUTKIENE substantially strengthens its tax practice. Loreta Antanaitienė, a former Head of the Control Organisation Division of the Vilnius County State Tax Inspectorate, has joined the Banking and Finance practice group of the firm’s Lithuanian office. Loreta has worked in the Vilnius State Tax Inspectorate for 14 years and has extensive experience in working with the most complex tax cases handled by the tax authorities.
Loreta’s expertise has been recognized over the years, as Loreta has been assigned to several key positions, including Deputy Head of the Infringement Assessment Division and the Head of the Audit Lawyers Group. Loretas expert knowledge of the tax regulations and understanding of the practices and policies of the State Tax Inspectorate enalbes her to provide a top ranking advise to the clients.
The Banking and Finance practice is one of the anchor practice of the firm with 9 lawyers.
Agreements requiring employees to arbitrate any claims they may have against their employers arising from their employment can save both time and money. Courts, however, will review such agreements very carefully to ensure that they do not unfairly disadvantage employees by, among other things, denying them remedies or procedural tools that would be available to them in traditional litigation before a court. As a recent case demonstrates, courts will also review arbitration agreements to be sure they satisfy basic principles of contract law.
In Domin v. River Oaks, Inc.pdf, the employee signed an arbitration agreement that stated, in part:
Most employers are well versed in the FMLA requirements; however, I recently received a call from one of our hospitality clients seeking guidance on administering intermittent FMLA leave. Specifically, the hotel was seeking advice on how to manage a Housekeeping Department employee who was approved for intermittent FMLA leave and had recently increased the frequency of his days off with little or no notice of the need for leave.
Notably the FMLA and supporting regulations do not provide much guidance for employers. It is clear from the regulations, however, that intermittent FMLA leave was initially contemplated to allow employees time off for scheduled medical appointments. But, as all employers have probably experienced, intermittent leave is more commonly used by employees to take periodic days off when their medical condition prevents them from being able to work. This places employers in the difficult position of having to provide employees with leave without the ability to properly staff its business due to the lack of notice.
In the continuing barrage of information relating to the reforms to the not-for-profit sector, on 28 October 2011 the Commonwealth Treasury released its consultation paper on a definition of charity to apply for all Commonwealth laws with effect from 1 July 2013. Although Treasury has indicated that existing charities will not need to reapply to the new Australian Charities and Not-for-profits Commission for registration, it has indicated that registration will be reviewed by the ACNC over time. read more…