Monthly Archives: June 2017

ILN Today Post

The Financial Times & ILN invite you to join us for the next Women at the Top Summit – Transforming Leadership

FT Women at the Top summit returns in September to tackle one of the most complex challenges we face today: how to fix the gender imbalance in the top ranks of business in Britain and beyond.

The composition of top UK management remains stubbornly uniform despite significant progress to make organisations more diverse and inclusive. The costs to companies and the economy of male dominated leadership are well documented. Yet many employers are still inadvertently turning away future leaders – male and female – by continuing business as usual.

Read full article

New York Federal Court Dismisses Starwood Hotel Employee’s Disability Discrimination Claims

Employers often struggle to provide employees with their requested accommodations and to comply with disability laws while still effectively running their business. This struggle has been compounded with the Equal Employment Opportunity Commission’s aggressive pursuit of litigation in this area in recent years.  A New York federal court recently weighed in on the issue in Kelly v. Starwood Hotels & Resorts Worldwide, Inc., 15 Civ. 6309 (DLC), 2017 U.S. Dist. LEXIS 43485 (S.D.N.Y. Mar. 24, 2017), holding that an employer is only required to provide an employee with a “plainly reasonable” accommodation, not the employee’s requested accommodation.

Read full article

Court Rejects Chipotle’s Attempt to Break Up Conditionally Certified Collective Action of Hourly Employees

Chipotle recently obtained decertification of a conditionally certified collective action of salaried “apprentices” under Section 216(b) of the Fair Labor Standards Act (“FLSA”) in Scott et al. v. Chipotle Mexican Grill, Inc. et al., Case No. 12-CV-8333 (S.D.N.Y. Mar. 29, 2017), a case in New York federal court involving claims of unpaid overtime based on misclassification.  In that case, Chipotle effectively leveraged disparities between the job duties and activities of putative class and collective action members across six states to show that they were not similarly situated.

Read full article

Proposed amendments to the Corporations Act members’ register requirements

How do you communicate with your colleagues, clients, friends and even strangers? There’s a fair chance that a high proportion of this correspondence is undertaken through electronic means – instant messenger services, SMS or good, old-fashioned email.

Up until now, however, all formal communications between companies and their members are, generally, undertaken through traditional mail, using the street address of each member in the company’s register.

Read full article

Amendments to the Labor code of the Russian Federation regarding regime of part-time work and payment for overtime work

On 18.06.2017 the President of Russia has signed the Federal law dated No. 125-FZ “On introducing amendments to the Labor code of the Russian Federation” (hereinafter – “FZ No. 125”)1. FZ No. 125 provides a new wording of art. 93 of the Labor code of the Russian Federation (hereinafter – the “Labor code”), according to which it is allowed to combine different types of part-time work.. The parties to the employment agreement are entitled to simultaneously agree on the part-time working hours and part-time working week, including the division of working day into parts. Previously only one choice of the two options was available: part-time working hours or part-time working week.

Read full article

Novelties in migration legislation

Several important changes in migration area came into effect:

1.    Special migration registration procedure for foreign nationals during the period of the FIFA championship events held in Russia

Starting from 1 June 2017 the Decree of the President of the Russian Federation No. 202 dated 09 May 2017 “On peculiarities of applying enhanced security measures during carrying out FIFA World Cup 2018 and FIFA Confederations Cup 2017 in the Russian Federation” (hereinafter – “Decree No.202”) entered into force. The Decree No.202 establishes special rules regarding migration registration procedure to be applied during FIFA World Cup 2018 and FIFA Confederations Cup 2017.

Read full article

Failure to Provide Communication Aide Costs Hospital $20K

John Dempsey Hospital agreed to pay $20,000 as compensation to a patient after failing to provide auxiliary communication aids during an emergency department visit. The patient, who is deaf and uses American Sign Language for communication, had to rely on a companion for all treatment communications.  In addition to paying compensation to the patient, the […]

Read full article

Momentum Continues in Telehealth Legislative Activity with Passage of Texas Law

Telehealth continues to be a hot topic of state and federal legislatures. Texas, for example, recently joined the rest of the states in no longer requiring initial in-person visits before being able to provide telehealth services.

The Texas legislature enacted the major telehealth bill SB 1107 on May 19, 2017, and the governor signed the bill into law shortly thereafter on May 27, 2017. As reported in our prior post, Texas had considered that, if passed, this telehealth bill would allow patient-physician relationships to be established via telemedicine without requiring an initial in-person visit. Prior guidance from Texas Medical Board required an in-person physician-patient interaction before a visit via telehealth, specifically in prescribing medication. The Texas Medical Board’s telemedicine FAQs are being revised as a result of this enacted law.

Read full article

Latest ADA Decision Gives Businesses Another Reason to Consider Their Website’s Accessibility

Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “Latest Website Accessibility Decision Further Marginalizes the Viability of Due Process and Primary Jurisdiction Defenses.”

Read full article
ILN Today Post

Brug af delydelsesbestemmelsen i udbudsloven

I en ny sag slår Klagenævnet for Udbud fast – i modstrid med både lovbemærkninger til udbudsloven og konkurrencestyrelsen vejledning til udbudslovens § 8, stk. 2 (delydelsesbestemmelsen) – at det ikke er en betingelse for brug af delydelsesbestemmelsen, at det fra et udbudt projekts start, dvs. fra offentliggørelse af udbuddet, har været planlagt om og hvordan denne bestemmelsen skulle anvendes. Dvs. hvilke ydelser, der forventes anskaffet udenom den udbudte kontrakt.

Read More

Read full article