Monthly Archives: May 2014

Fradrag for godtgørelse efter forskelsbehandlingsloven

FRADRAG

Forskelsbehandlingsloven opstiller forbud mod forskelsbehandling og diskrimination. Dette kan f.eks. være aldersdiskrimination eller andre former for diskrimination.

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Data Privacy and Cybersecurity: Cybersecurity: A growing concern for the utility industry

The scope of the cybersecurity threat is large and continues to grow for the utility industry. After the well-publicized data breach of Target’s credit card system, companies of all sizes and variety need to make cybersecurity a top priority. Protection of customer and employee information is crucial. But there is also concern over hackers disabling, interrupting, or taking over a utility system, the impact of which could be devastating.

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Recent District Court Case Highlights State Variation in Applying Corporate Practice of Medicine and Global Billing Restrictions to MRI Providers

On March 25, 2014, the U.S. District Court for the District of Minnesota held that a magnetic resonance imaging (“MRI”) provider, a lay entity (i.e., not owned or controlled by physicians), did not violate the state’s longstanding corporate practice of medicine (“CPOM”) prohibition by:

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Eesti Päevaleht daily: Elmer Muna comments on redistribution of public funds for treatment

Elmer Muna

Since February this year, private clinics in Estonia have been ringing the alarm bells about the resolution of the management board of the Estonian Health Insurance Fund whereby some private clinics were deprived of the opportunity to compete for funding awarded by the Health Insurance Fund in the same extent as in previous years.

Private clinics have said that they will not stop before bringing the dispute before the Supreme Court. “At the same time next year we will most likely have the final judgment,” Elmer Muna, the representative of Nova Vita and Fertilitas clinics, estimated. Nova Vita, for example, has applied for interim relief for the time when the dispute is pending, requesting that a competition should still be held for the funds for infertility treatment awarded to West-Tallinn and East-Tallinn Central Hospitals so that Nova Vita could compete for those funds.
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CSA Publishes Guidance for Proxy Advisory Firms

By Bernard Pinsky

The Canadian Securities Administrators (“CSA”) on April 24, 2014 published proposed National Policy 25-201 Guidance for Proxy Advisory Firms (“NP 25-201”). The purpose of this Policy is to set out recommended practices for proxy advisory firms in relation to the services they provide to their clients and their activities.

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New Website Makes It Easier Than Ever For California Employees To File Wage Claims

By Michael Kun

If employers with operations in California believed that they could not possibly face more wage claims than they already do, they can think again.

The California Department of Labor Standards Enforcement (“DLSE”) – the state agency that addresses wage claims – has launched a new website designed to notify employees of their rights and explain how to file claims:

http://www.wagetheftisacrime.com/What-We-Do.html#laborCommissioner

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Filing a Wage and Hour Class Action is Protected by the National Labor Relations Act

by Steven M. Swirsky

An NLRB Administrative Law Judge issued a decision on April 29th in which he found that when a waiter in a restaurant in New York City, acting alone, instituted a class action lawsuit claiming violation of state or federal wage and hour laws, he was engaging in concerted activity on behalf of himself and co-workers, even if none of those co-workers are aware of the filing. While the decision does not mention whether the waiter was represented by a union, it seems pretty clear that there was no union in this case.  

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Try, Try Again – Recent Bill Renews Effort to Create Federal Private Right of Action for Trade Secret Theft

On April 29, 2014, Senators Chris Coons (D-Del.) and Orrin Hatch (R-Utah) introduced a bill which seeks to create a private right of action under federal law for theft of trade secrets. As noted in the press release accompanying the bill, the so-called “Defend Trade Secrets Act would empower companies to protect their trade secrets in federal court.”

The Defend Trade Secrets Act of 2014 echoes and amplifies a similar effort made last year, in which Representative Zoe Lofgren (D-Cal.) introduced a bill entitled the “Private Right of Action Against Theft of Trade Secrets Act of 2013.” We discussed that bill in this space last July.

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OSHA Injury and Illness Recordkeeping Checklist — Article Series in the Grain Journal

The Grain Journal recently published a series of seven articles by our colleague Eric J. Conn, Head of the national OSHA Practice Group at Epstein Becker Green.  The articles outline a checklist for employers to follow in order to comply with OSHA’s complex Injury & Illness Recordkeeping regulations. The articles are broken down as follows:

  1. Scope of OSHA’s Injury & Illness Recordkeeping Rule;
  2. OSHA’s Recordkeeping Forms;
  3. Recording Injuries and Illnesses;
  4. Recording Workplace Injuries/Illnesses;
  5. Miscellaneous Recording Procedures;
  6. Updating and Verifying Records; and
  7. Recordkeeping Action Plan.
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ILN Today Post

Gifts can be discriminatory

In a recent decision, the Federal Court of Australia provided a warning to employers to refrain from using benefits such as special incentives to treat employees differently for proscribed reasons.

What happened?

Each of the parties and their employees were covered at various sites by an Enterprise Agreement which came to an end on 20 August 2011.  In late 2011, a number of employees of employers, Corinthian and Baltic, engaged in strikes, being protected industrial action.  Some employees at the sites took part in the strikes and some employees worked through the strike. More…

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