Leading independent business law firm Hall & Wilcox is delighted to announce the appointment of eight new partners: Liam Campion, James Deady, Stephanie Driscoll, Maree Ferguson, Frank Hinoporos, Nathan Kennedy, Ilona Strong and James Whiley.
A Queensland magistrate has imposed the first conviction of a company under labour hire licensing legislation in Australia.
A District Court judge has dismissed a worker’s claim for damages on the grounds that her employer had failed to properly evaluate her fitness for work before she returned to her pre-injury role. It was concluded that the employer had taken sufficient steps prior to the worker’s return to work, having regard to contemporaneous medical and vocational rehabilitation evidence.
Funds and financial products
ASIC issues guidance to licensees to protect against share sale fraud
On 17 June, ASIC issued guidance for Australian financial service (AFS) licensees about how they can mitigate the risks to their clients and business of share sale fraud. The guidance is in Information Sheet 237 Protecting against share sale fraud (INFO 237)
Last Friday, the National Labor Relations Board (“NLRB”) in UPMC overturned 38-year old precedent and held that employers may lawfully prohibit non-employee union solicitation in public spaces on their property absent evidence of discriminatory enforcement. This ruling may seem like common sense to many as employers have long been permitted to control what types of activities occur on their private property in other contexts. However, for the past four decades, the NLRB has compelled employers to allow non-employee union organizers to engage in non-disruptive solicitation in areas, such as cafeterias and restaurants, where the Employer had opened its private property to the public. The NLRB’s ruling in UPMC ends this compelled acquiesce and affirms employers’ property rights.
On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Cannabis Act”). Under the Cannabis Act, Illinois residents over 21 years of age may legally possess 30 grams of marijuana flower and five grams of marijuana concentrate for their personal use, starting January 1, 2020. The 610-page Cannabis Act also provides the most extensive workplace protections for employers of any marijuana legalization statute around the country. Indeed, the Illinois General Assembly declares at the beginning of the Cannabis Act that “employee workplace safety shall not be diminished and employer workplace policies shall be interpreted broadly to protect employee safety.” Illinois Governor J.B. Pritzker is expected to sign the legislation this month.
Massachusetts Sets New Deadlines and Contribution Rates for the Paid Family and Medical Leave Program, and Anticipates Further Changes
As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) recently extended the deadline for employers to provide notice to employees of their rights and obligations under the State’s Paid Family and Medical Leave (“PFML”) law. Subsequently, on June 11, 2019, Massachusetts Governor Charlie Baker, state Senate President Karen Spilka, and state House Speaker Robert DeLeo released a joint statement announcing that implementation of certain aspects of the PFML program are being pushed back, and that “technical changes” will be adopted to clarify the program. Thereafter, on June 14, 2019, the DFML released a notice on its website confirming one substantive revision along with several procedural revisions to the PFML program, including the following:
Leading Australian law firm Hall & Wilcox is pleased to have advised Victory Offices Limited on its successful $30 million initial public offering of securities and listing on the Australian Securities Exchange.
On 7 June 2019, the Fair Work Ombudsman (FWO) announced that it would not pursue Uber Australia Pty Ltd (Uber Australia) for employee entitlements after finding that Uber drivers are independent contractors and not employees of Uber Australia.