Monthly Archives: July 2021

The Supreme Court released ex-employees from incurring costs

The Judicial Chamber on Civil Cases in its recent Ruling1 once again consolidated guarantees to employees and placed their rights and position above the interests of the employer.

The employee brought an action against his ex-employer for declaring illegal the order on dismissal, restoring him to work, collecting salary arrears from the defendant in his favor, average earnings for the time of forced absenteeism and compensation for moral damage. During the consideration of this dispute, it became necessary to conduct a forensic examination, the payment of which was assigned to the employee, requesting its appointment. After the courts of the first and appellate instances refused to satisfy his claims, the employee sued to collect costs in his favor, referring to the application of Article 393 of the Labor Code of the Russian Federation.

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Good News for Retirement Plan Sponsors: IRS Issues Updated Guidance Enhancing Plan Correction Programs

On July 15, 2021, the Internal Revenue Service (“IRS”) updated its Employee Plans Compliance Resolution System (“EPCRS”) by issuing Revenue Procedure 2021-30 (PDF). The EPCRS changes and revisions, which generally became effective on July 16, 2021, are beneficial to plan sponsors, participants and the retirement plan community.

The IRS has long provided a basic structure for the EPCRS and its underlying programs consisting of: (a) the Self Correction Program (“SCP”) – which allows plan sponsors to self-correct certain failures using pre-approved methods without making a submission to the IRS; (b) the Voluntary Compliance Program (“VCP”) – which requires a submission to the IRS; and (c) the Audit Closing Agreement Program (“Audit CAP”). When the IRS periodically publishes an update to EPCRS, such as Rev. Proc. 2021-30, the revisions are of interest to plan sponsors as they are mostly improvements and expansion of the programs to reflect changes in existing practices.

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Rainmaking Recommendation from Jaimie Field: Follow the G.O.A.T.

Join us for this week’s rainmaking recommendation from trainer and coach, Jaimie Field.

Before we jump into this week’s Rainmaking Recommendation, please know that if you need help, there are resources out there for you. As someone who has depression and anxiety, I know that the HARDEST thing to do is to ask for help – so the most important thing I can say here is to ask everyone to check on the people around you, even your “strong” friends and colleagues. They may be the ones most in need of help. But, as we have talked about here on Zen before, it’s okay to break down, self-care is also good business, and although these are US-based resources, I share Hinshaw’s excellent article in our COVID resources with my membership on a regular basis on mental wellbeing, which includes the Suicide Prevention Lifeline. Call 1-800-273-TALK or visit the Suicide Prevention Lifeline website. Thanks to them for putting together such a comprehensive and excellent resource. Please know that although we value the work that you do, YOU are the most important thing, always.

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ILN Today Post

ACCESS RIGHTS IN SCOTLAND

The local authorities are routinely enforcing access rights against residentialcommercial and estate owners. It is therefore important for property owners to know their rights and responsibilities when it comes the Access Rights.

The Land Reform (Scotland) Act 2003 creates a unique set of access rights to cross land provided it is for the following:

Read more…

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ILN Today Post

Biden’s Executive Order encourages review of the use of noncompete clauses but stops short of proposing a ban

This article is part of a new McDonald Hopkins series on developments in restrictive covenant law that will dive deeper into how employers can protect their business interests in light of state – and potentially federal – limitations, strategies for revising employers’ non-compete and non-solicitation agreements, and other topics that will help businesses navigate the changing landscape of employee restrictive covenants. Read more…

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ILN Today Post

To mandate or not to mandate? That is the vaccine question

Since December 2020, employers have generally taken a “wait and see” approach to mandating COVID-19 vaccines for employees. This measured approach recognized the potential impediments to vaccine mandates, including the legal authority to impose such a requirement, the vaccines’ Emergency Use Authorization (EUA) status, and significantly, the consequences of employee dissent. Read more…

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California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements

Our colleagues Adam C. Abrahms and Juan Larios of Epstein Becker Green recently published an Act Now Advisory that will be of interest to our readers: “California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements.”

The following is an excerpt:

On July 26, 2021, the California Department of Public Health (“CDPH”) issued a State Public Health Officer Order (“Order”) seeking to address the increase California is experiencing in positive COVID-19 cases. With infections of the COVID-19 Delta variant rising, Governor Gavin Newsom and State Public Health Officer Tomás Aragón issued the Order as an effort to reduce COVID-19 infections in California. However, contrary to some press reports, the Order is not really a vaccine mandate in any way, shape, or form. As this Advisory describes in detail, in addition to a separate order for employees of the state, the Order applies to certain categories of health care and high-risk facilities, requires verification of workers’ vaccination status and compliance with masking guidelines, and imposes requirements for testing unvaccinated and incompletely vaccinated workers.

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Video: How the PRO Act Could Change Labor Law – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at the potential “game changing” legal and policy shifts coming to labor relations.

The Protecting the Right to Organize (PRO) Act, if enacted, would make the most significant changes to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935. The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history.  Attorney Steve Swirsky discusses the potential impact the PRO Act could have on employers. Beyond the PRO Act, Steve also looks at how Jennifer Abruzzo’s confirmation as NLRB general counsel could impact the agency’s litigation and enforcement agenda.

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ILN Today Post

New rent relief scheme for Victoria

The Victorian Government has today announced a new rent relief scheme for small to medium sized businesses.

It will be available to tenants with a turnover of less than $50 million and who have suffered a decline in turnover of at least 30% due to Covid-19.

Under the new scheme, landlords will be required to provide proportionate rent relief to eligible tenants which is consistent with the tenant’s reduction in turnover. At least 50% of the rent relief offered must be by waiver and the remainder by way of deferral.

The new rent relief scheme will be applied from 28 July 2021 and is expected to operate until January 2022.

What does this mean for landlords and tenants? Read more…

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Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It is easier and cheaper than ever for bad actors to use online tools, whether it be websites, platforms, or online profiles, to commit a variety of unlawful activities such as impersonating a business, associating themselves with a business without any such connection, or otherwise attempting to trade on the goodwill of a business. As each new platform or service is created, more opportunities exist for unlawful activity, including intellectual property (“IP”) infringement and violations. These developments have caused significant challenges for businesses seeking to enforce their IP rights and protect their brands and reputations.

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