Monthly Archives: April 2022

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National legislation may not impose on the agent of a group of economic operators that it must fulfil the majority of the requirements and provide the majority of the services in a public contract

In the case C-642/20 that led to the ruling of 28 April 2022, a public tender was awarded to a temporary association of undertakings. The Tribunale administrative regionale per la Sicilia annulled this award based on Italian legislation which provides that in case of a group of economic operators where recourse has been had to reliance on the capacities of other entities, the agent must in any event fulfil the majority of the requirements and provide the majority of the services. Read more…

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The Court of Justice confirms the compatibility of Article 17 of the DSM Directive, which de facto requires platforms to filter online content, with freedom of expression and information

On 26 April 2022, the Court of Justice confirmed the compatibility of Article 17 of Directive 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) with freedom of expression and information by dismissing the action for annulment brought by Poland (case C-401/19).

As a reminder, Article 17(1) of the DSM Directive provides that online content-sharing service providers such as YouTube perform an “act of communication to the public” within the meaning of Article 3(1) of Directive 2001/29 when they provide access to copyright-protected works uploaded by their users. As a result, they must obtain an authorisation from the rightsholders for that purpose, for instance by concluding a licensing agreement. Read more…

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Llinks Legal Alert – Labor & Employment Law (April 2022)

Llinks Legal Alerts focus on cutting-edge labor law topics and brings you most updated legislation trend. Please stay tuned with us.  Read more…

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Newsletter – March 2022

I. EDITORIAL – APPROVAL AND PUBLICATION OF THE DIPLOMA THAT INCREASED THE FINANCIAL SUBSIDY APPLICABLE TO CONSUMPTION AT PETROL STATIONS.

The month of March was characterised, on a legislative level, by the approval and publication of Decree-Law no. 24-A/2022, of March 11, which increased the financial subsidy applicable to consumption at petrol stations for the purposes of transitory and exceptional support to citizens for their consumption in the fuel sector (“AUTOvoucher” benefit). Read more…

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NYC Pay Transparency Law Amended: If Signed by Mayor Adams, Employers Will Have Until November 1, 2022 to Start Disclosing Salary Ranges in Job Postings

On April 28, 2022, the New York City Council (the “Council”) approved an amendment to a recently enacted pay transparency law, 2022 Local Law 32 (the “Law”) by an overwhelming majority. The Law will require employers to disclose salary ranges in advertisements for jobs that are performed, at least in part, in New York City, and was set to become effective on May 15, 2022. After significant pushback from the business community, the Council introduced a new bill, Int. No. 134-A (the “Amendment”), to offer additional clarity and time for employers to comply. The Amendment is expected to be signed into law by Mayor Eric Adams. Of greatest immediate significance, once signed, the Amendment delays the effective date of the Law from May 15 to November 1, 2022.

The Amendment clarifies that advertisements for any job, promotion or transfer opportunity will have to include a statement of either a minimum and maximum annual salary or the minimum and maximum hourly wage. The Law will apply to advertisements seeking both exempt employees who earn a salary, and non-exempt employees, who may be paid on a salary or hourly basis.

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WHAT’S NEXT IN DIVERSITY AND INCLUSION? A MOVE TOWARDS ‘INCLUSIVE BRITAIN.’

Following the events of 2020 and in light of the hugely notable Black Lives Matter movement the UK Government recognised that action ought to be taken to address some significant disparities and injustices within the United Kingdom.  While the Government stated that they felt that there had been many advances in addressing these it was noted that more could be done.  With that in mind, the Commission on Race and Ethnic Disparities (the Commission) was formed with the goal of looking at ways to resolve racial and ethnic inequality within the United Kingdom.

In March 2021 the Commission produced a report setting out a not less than 24 recommendations for creating a greater level of equality within the United Kingdom.  This month, the Government produced their response to that report titled ‘Inclusive Britain.’ Read more…

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The Battle of the Meetings: Virtual vs. In-Person – Which is Better?

The short answer? Both!

After two-plus years of being limited to almost entirely virtual meetings, we’ve learned that there are huge benefits to doing things online. But many people were also chomping at the bit to get back to seeing each other in the flesh. So that begs the question – which is better? It turns out that we need both and for different reasons. So while you may be tempted to toss your ring light forever in favor of jumping back onto planes…not so fast. Let’s look at the pros of both types of meetings and see why you need to keep them all in your diary.

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No Vested Right To Receive Foreign Contribution – Indian FCRA Regulations

In the Matter of: Noel Harper & Ors. vs. Union of India & Anr. [Writ Petition (Civil) No. 566 of 2021] with Writ Petition (Civil) No. 634 of 2021 and Writ Petition (Civil) No. 751 of 2021

Forum: Hon’ble Supreme Court of India

Order Delivered on: April 8, 2022

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Kall in Crain’s Cleveland Business Tax Tips: Potential risks and benefits of compensation in cryptocurrency

McDonald Hopkins’ David Kall, Cleveland Office Managing Member and Chair of the Tax and Benefits Practice Group, authored the April 24 edition of Crain’s Cleveland Business’ Tax Tips on “Potential risks and benefits of compensation in cryptocurrency.”

In the article, Kall explains, “Federal law does not permit payment of base wages in currencies that have not been issued by a government, and some states require wages to be paid in U.S. currency. If an employee has been paid in cryptocurrency, the employer may not have legally satisfied its obligations to the employee. Employers may be able to pay bonuses in cryptocurrency or pay in cash and then, with the employee’s approval, convert the cash payment to cryptocurrency. Either approach would raise compliance questions and add complexity and cost to the payroll process.”

You can read the entire piece at CrainsCleveland.com by clicking here.

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Video: Mental Health Accommodations and Parity, Board Diversification Law Struck Down, Ban-the-Box Update – Employment Law This Week

As featured in #WorkforceWednesdayThis week, we look at the increase in mental health discrimination charges the Equal Employment Opportunity Commission (EEOC) recently reported and how employers can respond.

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