Legal Updates

SCOTTISH GOVERNMENT CONSULTATION ON PERMITTED DEVELOPMENT RIGHTS

The Scottish Government have launched a consultation on permitted development rights in relation to planning law. Amongst other things they are seeking views on permitted development rights for pavement seating adjacent to hospitality premises.

Pre-pandemic, licensed premises generally required planning permission for outdoor seating, especially on the pavement areas although the approach did vary across the country. Since Covid19 however, on the recommendation of the Chief Planning Officer, no enforcement or limited enforcement has been taken against those utilising these temporary outdoor seating spaces. This approach is due to come to an end in September 2022. Read more…

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PRONOUNS AND GENDER IDENTITY IN THE WORKPLACE

Pronouns are the way we refer to one another’s gender identity, for example he/she/they. Using a person’s chosen pronouns in the workplace is a basic courtesy and everyone deserves to have this respected in the workplace. Therefore, pronouns and gender identity are important considerations for employers when maintaining a positive and inclusive workplace. Read more…

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SAVE THE DATE: THE UPCOMING DEADLINE FOR REGISTERING TRUSTS WITH HMRC

The Money Laundering, Terrorist Financing and Transfer of Funds (Information of the Payer) Regulations 2017 introduced a requirement that trustees of trusts which have a tax liability (such as Inheritance Tax, Capital Gains Tax, Land and Buildings Transaction Tax etc) register specific information about their trust with HMRC – e.g. the names and dates of birth of the Trustees and Beneficiaries, contact details and the National Insurance Number of the lead trustee etc. Registration is completed online through HMRC’s Trust Registration Service (TRS) and it is the responsibility of the trustees themselves to identify whether their trust requires to be registered. Read more…

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State and Local Minimum Wage Increases Are Coming on July 1, 2022

The weather is not the only thing changing this summer. As reflected in the charts below, nearly two dozen states and localities are increasing their respective minimum wages effective July 1, 2022. Accordingly, employers with minimum wage workers should consult with counsel to ensure that their compensation practices are compliant with the laws in all jurisdictions in which they operate nationwide.

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Update: Health Plan Considerations Now That Roe v. Wade Is Overturned

Update: This alert originally published on May 16, 2022, has been updated in light of the Supreme Court decision made on June 24, 2022, which overturned Roe v. Wade.In the wake of the Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, employers must immediately consider the group health plan implications now that Roe v. Wade has been overturned, which removes the federal protection of abortion rights and enables each state to set its own legal requirements regarding abortions. Without Roe, an estimated 26 states either already have laws on their books banning or severely restricting access to abortions, or are likely to pass such laws. This means that group health plan coverage of abortions may be available to participants in certain states and not others. The below provides an overview of group health plan considerations that plan sponsors and administrators should review with counsel. Read more…

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Fifth Circuit Holds COVID Is Not a “Natural Disaster” Under the WARN Act

On June 15, 2022, the U.S. Court of Appeals for the Fifth Circuit held that COVID-19 does not qualify as a “natural disaster” under the federal Workers’ Adjustment and Retraining Notification (“WARN”) Act, effectively foreclosing one important argument used by employers in defense of COVID-19-related WARN lawsuits.  As this is the only appellate court to affirmatively interpret WARN’s “natural disaster” exception, barring a split by other circuits, this case sets an important precedent in ongoing COVID-19-related WARN litigation, as well as WARN suits related to future pandemics.

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Podcast: Owner’s Outlook: Health Care Construction in a Period of Labor Shortages / Cost Inflation – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  Staffing challenges and cost inflation are seriously impacting health care construction as well as other sectors of the U.S. construction economy.

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Advance Notice of Restrictive Covenants May Be Required, But They Should Not Be Executed Before Employment Begins

As readers of this blog are aware, many states now require employers to provide prospective employees with copies of any noncompetes (and, in some cases, other restrictive covenants) they will be required to sign as a condition of employment. For example, Massachusetts requires that noncompetes be provided at the earlier of when an offer is made or 10 business days before the first day of employment; in Illinois it is 14 calendar days before employment begins; in Maine it is three days; in New Hampshire and Washington a noncompete must simply be provided before an employee’s acceptance of an offer; in Oregon and Rhode Island it is two weeks before employment begins; and beginning August 9, 2022, Colorado will require not only that both noncompete and non-solicitation covenants be provided to employees at least 14 days before the effective date of employment, but a separate standalone notice must be provided as well.

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A corporate Swiss Army Knife: The Employee Stock Ownership Plan, Part 2: Shareholder transactions – navigating ERISA risks

Part 2: Shareholder Transactions – Navigating ERISA Risks

An ESOP is a paradox – an ERISA-covered tax-qualified retirement plan, which benefits employees, designed to invest primarily in securities of the ESOP sponsor, which benefits the sponsor. Given this dual nature, there are many ERISA risks. Giving short shrift to these issues can lead to significant liability. This article provides a framework for navigating these perilous waters and mitigating risk. Read more…

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Newsletter – May 2022

I. EDITORIAL – APPROVAL OF THE LEGAL FRAMEWORK OF COVERED BONDS

In terms of legislation, the month of May was characterised by the publication of Decree-Law no. 31/2022, of May 6, which approves the Legal Framework of Covered Bonds and transposes Directive (EU) 2019/2162 and Directive (EU) 2021/2261. 

On the legislative front, the following should also be highlighted:  Read more…

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