Guidelines Released on the Re-employment of Older Workers in Singapore
Liability for Breach of Industrial Safety Requirements is Intensified
Effective January 1, 2011, the administrative liability for organizations having dangerous production facilities, and officers of these organizations for breach of industrial safety requirements, will be intensified. The fines for offenses in this sphere will be raised significantly (10 times and even more) for organizations and their officers.
For further information about this development, please continue reading ALRUD's newsletter (pdf).
Multi-State Employers Must Revise Job Applications to Address New Massachusetts Background Check Law
Recently enacted legislation in
Legislative Update for the Week of August 16
Laborers' Union to Rejoin the AFL-CIO
Ending a four-year schism, the Laborers' International Union of North America has decided to rejoin the AFL-CIO as of October 1, 2010. Read the full post here. (August 16)
Survey Shows a Decline in Workplace Fatalities
A preliminary report released August 19 by the Bureau of Labor Statistics' National Census of Fatal Occupational Injuries indicates that the number of workplace fatalities declined in 2009 from the prior year. Read the full post here. (August 20)
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Is it Lawful to Dismiss a Chief Accountant When Changing the Owner of the Company Assets?
In its recent ruling of May 27, 2010, the Constitutional Court of the Russian Federation stipulated that it is lawful to dismiss the chief accountant in case the owner of the company assets is changed.
This ruling has been issued by the Constitutional Court in view of consideration of Mrs. Bachalova's appeal regarding violation of her constitutional rights by part 1 of article 75 and paragraph 4 of part 1 of article 81of the Russian Labor Code.
Continue Reading...Most Large Employers Will Make Changes to Their Health Care Plans, Study Finds
A survey report (pdf) of 72 large employers finds that most anticipate an increase in health 
care costs in 2011 as a result of the Patient Protection and Affordable Care Act ("Affordable Care Act"), and are making changes to their plan designs in order to comply with the new health care law and its regulations. The Affordable Care Act will require health care plans to comply with a number of new standards as of September 23, 2010. To learn more about the survey report and how employers will ensure compliance with the Affordable Care Act and manage costs, please continue reading at Littler's Healthcare Employment Counsel blog.
Photo credit: MBPHOTO, INC.
Legislative Update for the Week of August 9
IRS Provides Form 5500 Guidance for Plans Seeking Special Funding Relief
The Internal Revenue Service has issued two notices explaining that sponsors of single- and multi-employer defined pension plans can still elect funding relief provided by the newly-enacted Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act. Read the full post here. (August 9)
PBGC Proposes Rule to Clarify its Regulations on Liability for Termination of Single-Employer Plans
The Pension Benefit Guaranty Corporation (PBGC) will issue a proposed rule providing guidance on the applicability and enforcement of section 4062(e) of the Employee Retirement Income Security Act (ERISA). Read the full post here. (August 9)
Proposed Rule Would Amend Union Disclosure Form LM-30
The Department of Labor's Office of Labor-Management Standards has published a proposed rule to modify union disclosure Form LM-30 and its instructions. Read the full post here. (August 10)
Bill Would Create Automatic IRA Enrollment Program
A bill introduced in both the House and Senate would establish an automatic individual retirement account (IRA) enrollment program for employees at firms with more than 10 employees that do not already maintain a qualified retirement plan. Read the full post here. (August 13)
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Ontario Proposes Self-Help Employment Standards System
Bill 68, Open for Business Act, 2006 (pdf), has passed second reading in the Legislature. The Bill contains amendments to the Employment Standards Act, 2000 that are intended to streamline the complaint resolution system and reduce the backlog of employment standards complaints.
If passed, the Bill would introduce a self-help model of employment standards complaint resolution. The proposed model would require employees to advise their employers about an employment standards dispute before a formal complaint is accepted by the Ministry of Labour and an officer is assigned to investigate. Certain workers would be excluded from this requirement, including: young workers, live-in personal care workers, employees with disabilities or language barriers, and employees who are afraid of their employer. Critics of the Bill allege that the self-help model will discourage employees from filing employment standards complaints. They point to the 46% decrease in the number of employment standards complaints accepted following the adoption of a similar system (pdf) in British Columbia.
Update on Implementation of the Bribery Act
We have written previously about the UK Bribery Act 2010 - see our earlier note, New Bribery Act - Implications for Employers. The Act was originally expected to be implemented with effect from October this year. However, on 20 July, the UK Ministry of Justice announced that it will come into force in April 2011.
In the meantime, in September 2010, the government will launch a short consultation exercise on the guidance which it intends to produce to assist commercial organisations to put procedures in place to prevent bribery on their behalf. It aims to publish this guidance early in 2011 to give businesses time to get to grips with the legislation and guidance before the Act comes into force.
Ruling Redefines Actuarially Unreduced Pension Benefits
In C.A.W. v. Kitchener Frame Ltd., the Ontario Divisional Court confirmed an arbitrator's decision to depart from established jurisprudence on actuarially unreduced pension benefits when considering whether employees who retired on pension following a plant closure were entitled to severance pay under the Employment Standards Act, 2000 ("ESA").
Continue Reading...Legislative Update for the Week of August 2
Senate Confirms Kagan's Supreme Court Nomination
As expected, the Senate on Thursday confirmed by a vote of 63 to 37 the nomination of U.S. Solicitor General Elena Kagan to be the next Supreme Court justice. Read the full post here. (August 5)
Senate Introduces Bill to Amend OSH Act, Improve Miner Safety
The Senate introduced the Robert C. Byrd Mine and Workplace Safety and Health Act of 2010, a bill that - like its House companion bill - would improve mine safety as well as significantly revise the Occupational Safety and Health (OSH) Act. Read the full post here. (August 4)
Recent Developments Regarding Mandatory Retirement Ages in the UK
Removal of Default Retirement Age for Employees
Age discrimination legislation in the UK currently permits employers to retire employees at the age of 65 or older (the default retirement age or "DRA"). The new UK government has announced that it is proposing to phase out the DRA from April 2011, with such retirements ceasing completely on 1 October 2011. After 1 October 2011, employers wanting to retain a retirement age will need to demonstrate that it is "objectively justified" - in other words that it is a proportionate means of achieving a legitimate aim or aims. The proposals are subject to a consultation that will run from 29 July 2010 until 21 October 2010.
Continue Reading...Legislative Update for the Week of July 26
Financial Reform Bill Establishes Diversity Requirements
The newly enacted Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) contains a provision that will impose diversity requirements on businesses in the financial industry. Read the full post here. (July 30)
Bill Would Apply Minimum Wage, Overtime to Home Care Workers
Rep. Linda Sanchez (D-CA) introduced legislation that would extend the federal minimum wage and overtime protections of the Fair Labor Standards Act (FLSA) to most home care workers, improve federal and state data collection and oversight with respect to the direct care workforce, and create a grant program to help states recruit and train direct care workers. Read the full post here. (July 30)
Work Assignments in Dangerous Regions Becoming More Common
As new geographic markets emerge and businesses of all sizes expand their operations overseas, employers face significant challenges in managing the risks involved when employees work in dangerous regions. International employment lawyer Mariana Villa da Costa, quoted in a report by USA Today, estimates that about 10% of employees who are transferred from the U.S. are assigned to countries that are considered "dangerous or have harsh conditions of living." In addition to global operations management considerations, employers must engage in "travel risk management," factoring in numerous country-specific or region-specific factors when sending employees to potential danger zones, e.g., the risks of war, terrorism, kidnapping, natural disasters or political instability. Myriad companies--many staffed by former military and intelligence employees with international experience--have sprung up to provide service-specific assistance, including medical (transporting sick or injured employees to bordering countries with superior medical faculties and facilities) and safety (security briefings and extraction of kidnapped workers).
Immigration Update for Week of August 23
United States: Electronic System for Travel Authorization Fees Introduced
Beginning September 8, 2010, international travelers to the United States from Visa Waiver Program nations will be required to pay a $14 Electronic System for Travel Authorization fee. Read the full post here. (August 29)
India Further Clarifies Work-Related Visa Requirements
India's Ministry of Home Affairs has released a new Frequently Asked Questions document concerning work-related visas. Read the full post here. (August 29)
United States: H-1B and L-1 Visa Fee Increases Take Effect
U.S. Citizenship and Immigration Services announced that, as of August 13, 2010, H-1B and L-1 visa application fees increased by $2,000 and $2,250, respectively, for certain businesses. Read the full post here. (August 27)
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Immigration Update for the Week of August 16
United States: New Border Security Law Sparks Diplomatic Talks and Offshoring Concerns
The U.S. government is reviewing whether the recently-enacted border security law runs afoul of World Trade Organization rules. Read the full post here. (August 19)
United States: State Department Releases September 2010 Visa Bulletin
The State Department has released the September 2010 Visa Bulletin, which summarizes visa availability. Read the full post here. (August 19)
United States: State Department Issues Final Rule on Exchange Visitor Program Trainees and Interns
The State Department has published a final rule in the Federal Register two years after introducing an interim final rule concerning trainees and interns. Read the full post here. (August 20)
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Immigration Update for the Week of August 9
United States: Senate Approves $600M Border Protection Bill Financed by Increased Employment Visa Fees
During a special session held on August 12, the Senate passed a $600 million spending bill that will increase law enforcement presence at the United States' southwestern border with Mexico and will finance additional infrastructure. Read the full post here. (August 12)
Brazil: Agreement on EU--Brazil Short-Stay Visa Waiver Nears Conclusion
Following two years of negotiations, the European Commission has adopted draft decisions regarding short-stay visa waiver agreements with Brazil. Read the full post here. (August 13)
United States: New Jersey and Pennsylvania Consider Stricter Employment Verification Requirements
Proposed legislation in Pennsylvania and New Jersey would impose stricter work authorization verification requirements on employers. Read the full post here. (August 15)
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Immigration Update for the Week of July 26
Federal Court Temporarily Enjoins Enforcement of Arizona's Controversial Immigration Law
On July 28, 2010, the U.S. District Court for the District of Arizona issued a highly anticipated order in United States v. State of Arizona, a recent federal lawsuit challenging the constitutionality of the Arizona "Support of Law Enforcement and Safe Neighborhoods Act" ("SB 1070"), which temporarily enjoins enforcement of certain provisions of SB 1070 pending the court's final ruling in the matter. Read the full post here. (July 29)
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