Monthly Archives: May 2014

ILN Today Post

Legal Tangles of Terminating an Employee

Reorganization and consolidation, economic slump and business needs sometimes require companies to take the hard decision of retrenching or terminating its employees. But most companies treat the termination process of all employees alike with disruptive consequences subsequently.

Indian laws classify employees in “workmen” and “non-workmen” categories. The classification of an employee as a workman or not assumes significance as, from a legal standpoint, terminating the services of a “workman” category employee is significantly more complicated as compared to terminating the services of a “non-workman” category employee. Also, a workman is provided various protective remedies under law and is entitled to certain statutory benefits which a non-workman may not be entitled to (depending on the terms of his employment). Accordingly, a “non-workman” category employee can usually be terminated on the basis of the terms of his employment contract (also known as a hire and fire rule). However, termination of a workman requires more compliances, adherence to processes and payment of retrenchment compensation to the terminated employee. It is therefore important for the employer to assess the category of the ‘employee’ that it intends to retrench.

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General Counsel Corner: How to Learn About Your Clients

For our third installment of our General Counsel Corner, we’ve brought in an In-house Counsel at a leading independent fiduciary services business.

Our question to him was:

What is your preference for how a lawyer tries to learn more about you and your business?”

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ILN Today Post

Can you afford to get your advertising wrong?

Credit advertising is under the ASIC spotlight at present.  Here’s a way to mitigate your risk.

ASIC has a strong interest in ensuring consumers are not misled by advertising.  ASIC usually focusses on the overall impression given by advertisements, and often will not accept exceptions lurking in the fine print. More…

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Kudos to Our EBG Colleague for Her New Appointment at the Labor and Employment Relations Association

Congratulations to our Epstein Becker Green colleague, New York office attorney Margaret (“Meg”) Thering on her unanimous election Wednesday evening, May 7, as Secretary of the New York City Chapter of the Labor and Employment Relations Association (“LERA”) for the fiscal year 2014-2015!!

LERA is the singular organization in the country where professionals interested in all aspects of labor and employment relations network to share ideas and learn about new developments, issues, and practices in the field. Founded in 1947 as the Industrial Relations Research Association (IRRA), the national LERA provides a unique forum where the views of representatives of labor, management, government and academics, advocates, and neutrals are welcome.

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OSHA Head Urges Update to Whistleblower Provisions

By John F. Fullerton and Eric J. Conn

On April 29, 2014, the Assistant Secretary of Labor for OSHA, Dr. David Michaels, recently testified before the Senate Education, Labor and Pensions Subcommittee on Employee and Workplace Safety to seeking a number of changes to the whistleblower protection provisions of Section 11(c) of the Occupational Safety and Health Act (“OSH Act”) so it would track provisions of other, more recent whistleblower protection laws.  Here is a link to Dr. Michael’s testimony.

The provisions at issue are intended to protect employees from retaliation by their employers for bringing to OSHA’s attention potential violations by the employers of the OSH Act.  These whistleblower provisions have not been updated since the law was passed in 1970, and OSHA is now seeking to strengthen them.

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Does CERCLA’s "Act Of God" Defense Apply In Climate Change Litigation

In a decision issued on May 2, 2014, the Second Circuit held, in Cedar & Washington Assocs. LLC v. Port Auth. of N.Y. & N.J, 2074 BL 123476,2d Cir., No. 10- 4197, that the “act of war” affirmative defense relieved World Trade Center owners and lessees and airlines of Superfund liability for dust that infiltrated a building a block away after the collapse of the Twin Towers on 9/11.

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CEAA JRP Issues Report and Recommendations on BC Mega Dam

Yesterday, the Canadian Environmental Assessment Agency Joint Review Panel (JRP) issued its comprehensive Report on BC Hydro’s proposed 1,100 MW large hydroelectric dam, Site C Clean Energy Project.

Here is the final JRP Report summary and the Report in full (all 457 pages).

After a lengthy public hearing, the JRP examined the mega dam Project and the evidence presented by a wide range of participants. The Report addresses among other things the environmental, social and economic impacts of the dam.

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Week of May 5, 2014 on ILNToday – A Roundup!

We are T-minus two weeks to our Annual Meeting!

Our host firm has some great surprises planned for our delegates, from high-profile speakers to evening entertainment, so it’s sure to be an excellent conference. Plus, Chicago is such a great city – I know our delegates will be making memories that they’ll hold on to for years to come!

In the meantime, they’re also producing content! So here are this week’s top posts from ILNToday:

Rumor has it that despite today’s fog, we should be in for a lovely spring weekend – let’s hope so!

 

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ILN Today Post

Telecoms and the 1984 Code: changing times

Telecoms apparatus continues to give rise to contentious issues between site providers and operators. With the increase in the personal use of digital media on smartphones and tablets, the need for sites will increase. Add to that the Government’s policy to improve the mobile phone coverage across the UK and its policy to provide high speed broadband to the whole of the UK, and it becomes clear that the requirement for sites will grow; and therefore, potentially, so will the number of disputes. More…

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ACAS Early Conciliation- what does it mean for employers?

As we covered in our blog last week, on Tuesday 6th May, the latest attempt to reduce the number of claims that proceed to the employment tribunal through promoting early resolution came into force. The introduction of the ACAS Early Conciliation (EC) scheme now means that it is mandatory (the scheme operated on a voluntary basis from 6th April) for any claimant who wishes to pursue a claim before the employment tribunal to first contact ACAS, who will then have an obligation to explore the possibility of settling the claim.

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