By Nicola Martin and Kate Staude, McCabe Curwood
In Australia, there has been increased scrutiny by the Fair Work Ombudsman (FWO), the regulator, on employer underpayment of wages or “wage theft”, as it is commonly known. George Calombaris of MasterChef fame, Heston Blumenthal, Subway, and supermarket giant, Woolworths, are just a few big names which have been associated with significant and systemic underpayment of staff. The underpayments total at least AUD 500 million.
Continue Reading
By Jeffrey Percival and Kate Bresner, Pallett Valo LLP
The US concept of “at-will employment”, which allows for termination of employment for any reason without notice (so long as it is not for an illegal purpose), does not exist in Canada. In Canada, reasonable notice of termination is an implied term in all employment agreements. In order to terminate an employment relationship without cause, an employer must provide appropriate notice or pay in lieu.
Continue Reading
By Raf Uzar, Penteris
The concepts of corporate and individual responsibility and success are seemingly shifting under our feet. Companies and individuals are all facing the need to re-evaluate priorities. In this uncertain environment, the only thing we can be sure of is change. And tracking this change is key. Analysing and assessing our shifting attitudes is crucial for leaders to address the needs of employees.
Continue Reading
By Jaroslaw Norbert Nowak, nbs partners
On 16 July 2020, the European Court of Justice (ECJ) declared the Privacy Shield Adequacy Decision (2016/1250; hereafter “Privacy Shield”) of the European Commission on personal data transfer from the European Union (EU) to the United States (US) invalid (Case C-311/18). In the view of the ECJ, the limitations on the protection of personal data arising from the domestic law of the United States on the access and use by US public authorities are not satisfying a level of data protection that is essentially equivalent to the requirements under EU law.
Continue Reading
By Eran Soroker and Robert Dorneanu, Soroker Agmon Nordman | IP & beyond
From Gucci to Ray-Ban, sunglasses brands are a big deal. Each year, companies spend millions of dollars creating brand presence and protecting their IP. Brand protection is usually associated with products or services. For example, Apple’s trademarks appear on iPhones and iPads and Google’s trademarks are displayed on their search engine, email services, etc. Brand protection does not stop there and there is more than meets the eye. The story of the successful Israeli fashion eyewear brand, Carolina Lemke, famous for its marketing campaign led by Kim Kardashian West and Bar Refaeli, is a good example.
Continue Reading
By Sara Mandelli and Ilaria Ballabeni, Baldi & Partners
Since March 2020, the Italian Government, through a sequence of Law Decrees (02 March 2020 and 19 May 2020), introduced several urgent support measures for families, workers, and companies seriously affected by the COVID-19 pandemic.
Continue Reading
By Pascal Verma, nbs partners
Before employers commit themselves permanently to an employee, they are usually interested in testing the employee’s performance and reliability. This interest is realised by the waiting period, which must be fulfilled in order for the Dismissal Protection Act to apply. It leads to a legally required trial period of six months. During the trial period, the employer can terminate the employment contract without giving reasons.
Continue Reading
By Jessica Thaller-Moran and Elizabeth L. Troutman, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
Employers who revised their electronic communication policies under the US National Labor Relations Board’s (NLRB) Purple Communications standard may want to head back to the drawing board (again) in the new year.
Continue Reading
By Fabio J. Guzmán Saladín, Guzmán Ariza
Law 141-15 pertains to restructuring and liquidation of companies and commercial persons and places the Dominican Republic among the countries with the most advanced and modern legislation in the matter. Said law establishes procedures and mechanisms necessary for companies and local merchants to have options for surpassing financial diffculties without recurring to the liquidation of the company assets. Furthermore, it transcends the regulation of commercial restructuration and liquidation in an international situation by including, in its Title IV, the cooperation in international procedures. In this article, we will explain in detail the origin of this title, its objectives, its scope in international cooperation, and finally, its repercussions in the Dominican and international legal spectrum.
Continue Reading
By Tom O’Byrne, O’Flynn Exhams LLP
Commercial lettings in Ireland have had a turbulent decade. The financial crisis took its toll on the sector. The National Asset Management Agency (NAMA), founded in 2009, acquired loans valued at EUR 77 billion and broad powers to manage its portfolio. Bailouts, Troika rules, insolvencies, and the blame-game led industry discourse.
Continue Reading
