Legal Updates

Rhode Island Enacts Tip Protection Law

On June 28, 2022, Rhode Island Governor Daniel McKee signed into law a comprehensive tip protection bill. The law, which took effect immediately upon passage, generally prohibits employers from retaining any portion of an employee’s tips.

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Marianne Poliquin’s Collaboration on the Young Bar’s Guide for Startups

The Young Bar of Montreal has announced the release of the third edition of its Guide de démarrage de l’entreprise. This collaborative work gives entrepreneurs 120 pages of basic information on the legal issues that they will be facing.

Marianne Poliquin, from our Labour and Employment Law Group, wrote the revised chapters 11, on labour and employment law for private businesses, and 12, on collective labour relations and occupational health and safety, in collaboration with Grégoire Deniger, from the Association professionnelle des cadres de premier niveau d’Hydro-Québec.

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Torres Talks Trade Podcast Episode 5 on U.S. Customs and Border Protection Audits

This week’s episode (below) covers the important topic of U.S. Customs and Border Protection (“CBP”) audits, including how CBP selects companies for audits and how importers should prepare for an audit. Anthony “Tony” Saranchak, Senior Customs Adviser at Torres Trade Advisory, provides insights from his vast experience working as an auditor at CBP.

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Evidence by Presumption: Utility and Pitfalls

This webinar was presented on June 16, 2022, as part of our firm’s annual lectures on insurance law.

Description

Property is stolen in a warehouse while the alarm system, unexplainably, was down. There is a suspect, an employee, but no one has seen him deactivate the alarm system or carry the property. Can we assume that he is a party to the theft simply because any other explanation must be ruled out?

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Los Angeles Private Hospitals: A Minimum Wage Increase for Health Care Workers Will Likely Take Effect This Year

On June 29, 2022, the Los Angeles City Council (“Council”) approved an ordinance that would raise the minimum wage for people working at “covered healthcare facilities” in the city of Los Angeles (“City”) to $25 per hour.

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Virginia Federal Court Rejects Massachusetts’s Statutory Prohibition on Out-of-State Forum Selection Clauses in Noncompete Agreements – Sort Of

Several states over the past few years have passed legislation prohibiting the use in noncompete agreements (and other employment-related agreements) of out-of-state choice-of-law and forum selection provisions. A few of these states’ laws include enforcement mechanisms with stringent penalties, such as California, which provides for injunctive relief and attorneys’ fees to an aggrieved employee; Washington, which entitles aggrieved employees to actual damages or statutory penalties of $5,000, as well as their attorneys’ fees; and, beginning in August, Colorado, where any violation of that state’s noncompete statute (including the prohibition on out-of-state choice-of-law and forum selection provisions) could lead to civil and criminal penalties.

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Highlights of Personal Information Export Standard Contract (Draft for Comment)

On 30 June 2022, the Cyberspace Administration of China (CAC) released the long-awaited draft of Personal Information Export Standard Contract (Exposure Draft) (the “SC Draft”). Deriving from article 38 of the Personal Information Protection Law (the “PIPL”), the SC Draft elaborates on one of the three personal information export mechanisms, which is expected to be frequently used by MNCs for data export. This briefing focuses on the application scope and key points of the SC Draft. Read more…

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Unpacking Averages: Common Root Causes Driving Medical Device Recalls

Recalls have always been a bit of a double-edged sword.  Obviously, companies hate recalls because a recall means their products are defective in some manner, potentially putting users at risk and damaging the brand.  They are also expensive to execute.  But a lack of recalls can also be a problem, if the underlying quality issues still exist but the companies are simply not conducting recalls.  Recalls are necessary and appropriate in the face of quality problems.

Thus, in terms of metrics, medical device companies should not adopt as a goal reducing recalls, as that will lead to behavior that could put users at risk by leaving bad products on the market.  Instead, the goal should be to reduce the underlying quality problems that might trigger the need for recall.

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EU directive proposal about minimum wage

EU directive proposal about minimum wage
With the economic downturn of the Covid crisis, hitting sectors with a higher share of…
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Llinks Legal Alert – Labor & Employment Law (June 2022)

Welcome to read: “Llinks Legal Alert – Labor & Employment Law (June 2022)”.

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

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