Monthly Archives: June 2020

ILN Today Post

Emergency situation in Latvia due to Covid-19 revoked

On 10 June 2020, the state of emergency was abolished in Latvia, but at the same time the state aid measures and restrictions imposed (with certain exceptions) remain in force.

On Friday, 5 June 2020, the Saeima adopted the Law on Overcoming the Consequences of the Spread of Covid-19 Infectionwhich entered into force on June 10 and will regulate the state aid measures and determine the measures to prevent the consequences of Covid-19 after the end of the emergency situation on 9 June 2020.

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Keep Showing Up

“Keep Showing Up” is a phrase that Des Linden, an American long distance runner, and winner of the Boston Marathon, repeats often. It’s a mantra that I use in my own running, particularly as I come back from injury and need to regularly remind myself that training is about showing up, even when it’s hard, and even when I don’t want to. I recently put it on a letter board in my office to remind myself of its importance in my life.

But its importance in other ways really crystallized for me recently as the Black Lives Matter movement gained global traction and became something that (as it should) matters too to brands, to white people, to all of us.

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ILN Today Post

Can Every Breach or Non-Performance be Justified or Excused on Invocation of COVID-19 as a Force Majeure: Delhi High Court Verdict

COVID-19 has caused tremendous economic loss, delays in project completion, missing of targets and milestones and potential breaches and disputes among contracting parties. Recently, in the matter of Halliburton Offshore Services Inc. vs Vedanta Limited & Anr. [O.M.P (I) (COMM.) No. 88/2020 & I.As. 3696-3697/2020], a petition seeking inter alia restrain on invocation of the bank guarantees issued in favour of the Respondent, the Hon’ble High Court of Delhi considered the issue of invocation of COVID-19 as a Force Majeure condition and held that “Every breach or non-performance cannot be justified or excused merely on the invocation of COVID-19 as a Force Majeure condition”. The Court further observed that it would have to take into consideration various factors to assess whether a party is genuinely prevented or justified in its non-performance due to the epidemic/pandemic.

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Are COVID-19 Temperature Screenings Compensable Time for Non-Exempt Employees?

As states across the country start to reopen their economies after COVID-19 shutdowns, many businesses are likewise preparing to have employees return to work.

However, before reopening, businesses will need to comply with numerous state and local protocols designed to ensure the health and safety of employees and consumers, including social distancing, maximum occupancy and one-way flow.

Even if not required, many employers are instituting employee temperature checks upon arrival at the workplace. While the U.S. Equal Employment Opportunity Commission recently endorsed the use of temperature checks during the pandemic, such screenings could potentially run afoul of the Fair Labor Standards Act and state wage and hour laws if employers do not pay their workers for the time they spend submitting to temperature screening, particularly where there is potentially substantial waiting time in doing so.

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Martin Côté in a Webinar on Solicitor-client Privilege

June 10, 2020 — Martin Côté will be presenting the webinar “Tout ce que vous devez savoir relativement au secret professionnel de l’avocat en entreprise et au privilège relatif au litige” (Everything you must know on solicitor-client privilege for in-house counsel, and on litigation privilege), broadcast on Wednesday, June 17, from 12:00 to 1:30 pm. This activity, hosted by the Bar of Quebec, is recognized for lawyers’ mandatory continuing education.

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WIPO introduces new business online-service that provides evidence of an intellectual asset’s existence

On 27 May 2020 WIPO launched new online business service, WIPO PROOF1, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format.

The WIPO PROOF service generates tamper-proof evidence proving that a digital file existed at a specific point in time, and that it has not been altered since that time. An evidence in this case will be a digital WIPO PROOF token which consists of a date- and time-stamped digital fingerprint of the file (or data).

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Time Is Money: A Quick Wage-Hour Tip on … Tip Pooling

Many hospitality businesses, such as restaurants and bars, have found themselves restructuring their daily operations in light of the current global COVID-19 health crisis, and the subsequent federal, state, and local shelter in place orders. For instance, where restaurants and bars once served customers on a dine-in basis, perhaps they are now restricted to take-out only or delivery options, and, as a result, many employers who are still operating in the wake of the pandemic now have very few employees with customer-facing roles.

Because of the necessary changes in daily operations, many businesses are reconsidering their tip policies. Perhaps your policy was to allow employees to keep all tips he or she earned, which now seems unfair to employees who are integral to serving customers but no longer have direct customer contact so you want to shift to a tip pool model. Perhaps you have always operated on a tip pool model, but with ever-shifting job duties and positions, you are unclear whether your tip pool policy is legally compliant. Whatever the case, one thing is certain: given that daily operations of customer-service oriented businesses has likely changed and will continue to change as our country slowly moves toward reopening, now is the perfect time to revisit some important considerations if you are thinking about shifting to a tip pool model or even if you already have one.

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ILN Today Post

IRS Provides Cafeteria Plans with Flexibility Due To COVID-19

Employers are rightfully concerned that many of their employees are dealing with a host of serious financial issues caused by COVID-19. Employers have been further frustrated that Internal Revenue Service (IRS) rules have prevented them from relieving their employees’ stress by allowing them to change their employee benefit elections in middle of the year. New IRS rules now allow employers to do just that in a number of ways.  Read more…

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New Jersey Governor Sets Dates and Guidelines for Re-Opening of Child Care Centers, Day Camps, Some Organized Sports, Outdoor Dining and Indoor Non-Essential Retail

Child care centers, day camps, some organized sports, outdoor dining and indoor non-essential retail are the latest business and activities that soon can start reopening (with limitations) pursuant to two Executive Orders signed last week by New Jersey Governor Phil Murphy.

Executive Order 149 – Child Care Centers, Day Camps, Organized Sports

On May 29, 2020, Gov. Murphy signed Executive Order 149 (“EO 149”) , to allow the re-opening (with restrictions and guidelines) of all child care centers and other child care facilities, day camps and the operation of non-contact organized sports.  EO 149 rescinds Executive Order 110 (“EO 110”) (which closed most childcare centers) and supersedes all prior executive and administrative orders to the extent they conflict with EO 149.

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New Jersey Governor Extends Public Health Emergency Until July 4, 2020

Citing the continuing need to protect the New Jersey residents from COVID-19 (even as the state ramps up its reopening), on June 4, 2020, New Jersey Governor Phil Murphy signed Executive Order 151 (“EO 151”) , extending the state’s Public Health Emergency by thirty days, i.e., until July 4, 2020. Pursuant to EO 151, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health emergency gives Gov. Murphy and state department leaders expanded authority to respond to a crisis such as COVID-19.

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