Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

(Federal Labor Court, decision dated September 24, 2014 – 5 AZR 593/12) Many labor and collective bargaining agreements contain so-called double hold-harmless clauses that initially provide, within certain dates, the extra-judicial enforcement of alleged claims under the employment relationship and then demand their judicial follow-up within a further period, insofar ... Read More »

Despite recent EEOC loss, employers must be cautious with criminal background and credit screenings

Despite recent EEOC loss, employers must be cautious with criminal background and credit screenings

The U.S. Court of Appeals for the Fourth Circuit recently upheld a district court’s grant of summary judgment dismissing a U.S. Equal Employment Opportunity Commission (EEOC) legal action contending that a company’s policy of using criminal background and credit history checks in its hiring process disproportionately excluded African American applicants. ... Read More »

Giving with one hand and taking with the other: HMRC responds to European Court’s rulings on VAT recovery for pension schemes

Giving with one hand and taking with the other: HMRC responds to European Court’s rulings on VAT recovery for pension schemes

On 25 November 2014, HMRC issued its long-awaited response to the decisions in PPG Holdings[1] and ATP Pension Services[2] in the form of Revenue and Customs Briefs 43 (2014) and 44 (2014). In the latest instalment of this long-running VAT recovery saga, HMRC seems to have opened the door to ... Read More »

Making working hours more flexible

Making working hours more flexible

Restrictions on On-Call Work (Higher Labor Court Berlin-Brandenburg, decision dated October 16, 2014 – 21 Sa 903/14) When it comes to location and duration of working hours, the interests of the company and the employees generally widely diverge. The company desires a far-reaching scope of action to be able to ... Read More »

Changes to trading disclosure requirements

Changes to trading disclosure requirements

Following the UK Government’s Red Tape Challenge, The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 (the Regulations) came into force on 31 January 2015, revoking and replacing the current regulations relating to company and LLP names and trading disclosures. The Regulations introduce modifications relating to ... Read More »

Foreign Corrupt Practices Act: FBI increasing resources to fight corruption

Foreign Corrupt Practices Act: FBI increasing resources to fight corruption

Department of Justice (DOJ) officials at the ABA White Collar Conference last week in New Orleans confirmed DOJ’s expanding commitment to investigating and prosecuting violations of the Foreign Corrupt Practices Act. Officials announced that the FBI is ramping up resources to combat corruption and is assigning more than 30 agents ... Read More »

Recent Amendments to the Estonian Tax Laws

Recent Amendments to the Estonian Tax Laws

1. “EUR 1000 invoices” On 1 November 2014, a much-criticised obligation came into force requiring legal entities to submit data about their purchase and sales invoices to the tax authority in addition to regular VAT returns. According to the new regime, Estonian VAT liable companies shall submit monthly VAT return ... Read More »

Home healthcare worker violates HIPAA and steals protected health information: due diligence of employees and mandated criminal background checks

Home healthcare worker violates HIPAA and steals protected health information: due diligence of employees and mandated criminal background checks

In Lee County, Florida, a home healthcare nurse stands accused of stealing from her elderly patients. Police investigators say that the nurse opened fraudulent credit card accounts under the names of at least eight of her patients. Computer and transaction records indicate that she used stolen or fraudulently obtained credit ... Read More »

An employee’s entitlement to continued employment should the permanent establishment relocate abroad

An employee’s entitlement to continued employment should the permanent establishment relocate abroad

If an employee is protected by the German Protection Against Dismissal Act, (s)he may only be dismissed with a reason (either personal, conduct-related or operational). An example of an operational reason for termination is a decision by an employer to completely shut down a permanent establishment. An employer’s business-related decision ... Read More »

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