Space Force - Boots on the Moon ™

How for some lighter news. The recent Netflix comedy series, "Space Force" Will likely face off against the Trump administration over trademark issues. Masterfully released around the same time as Donald Trump's hilarious space force announcement, there are questions around trademark use of the series vs. the military department. https://lawandcrime.com/opinion/if-trump-administration-sues-netflix-over-trademark-for-space-force-itll-probably-lose/ The question will likely surround a debate on what everyone is worried about--money. Who gets naming rights for merchandise to be specific. Trademarks are filed under NICE classifications and usually there's little overlap between a TV show and a branch of government. If Netflix overstepped their bounds and tried to do a grab-all across all NICE classes, then this will very likely be defeated. In US trademark law it's first to use, not first to file, so as long as the US government can demonstrate that they were using this term before the series, there should be no problem in having it invalidated.

USSC Can Update ™ Law for WWW

The U.S. Supreme Court is set to decide whether marks that combine an arguably generic term with .com are protectable under U.S. trademark law. Ropes & Gray attorneys suggest that such marks should be protectable upon a showing of acquired distinctiveness, and that such a result would harmonize trademark law with a modern understanding of domain names and the internet.

More her: https://news.bloomberglaw.com/ip-law/insight-the-supreme-court-can-bring-trademark-law-into-the-com-age

11 Keys to Follow Employment Law Standards in Hong Kong

A quick primer for businesses seeking or operating in Hong Kong.

1. Key Minimum Employment Rights

The principal statute regulating the work relationship is the Employment Ordinance. Many benefits and protections under the ordinance are available only to "continuous employees"—workers who are employed under a continuous contract. A continuous employee must have worked for the same employer for at least four consecutive weeks and at least 18 hours each week.

2. The Employment Contract

In Hong Kong, employment contracts can be for an open term—that is, permanent—or a fixed term. If the period is not specified in the contract, it will be deemed to be a contract for one month, renewable from month to month once the employee has worked for at least 18 hours per week for a continuous period of four weeks.

The use of agency workers is not as common in Hong Kong as in certain other jurisdictions in Asia, partly due to the relative ease with which employers can terminate employment in Hong Kong./.....

Full list here: https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/global-Hong-Kong-employment-law-overview.aspx

2019 Virginia Employment Law Pocket Guide download

https://www.jdsupra.com/legalnews/2019-virginia-employment-law-pocket-95867/

2019 US employment book checklist

Running a business, and part of good governance, is ensuring your employment standards or HR handbooks are up-to-date with the latest changes and upcoming issues for your business. Here is a checklist from https://www.workforce.com/2019/01/07/2019-employment-law-compliance-checklist/ to consider.

 How many employees do you have (15 / 20 / 50)?

 When is the last time your handbook has been reviewed and updated?

 When was your last harassment / respectful workplace training?

 Do you require restrictive covenants for key employees?

 Do you have employees that work in states in which marijuana is legal?

 Do you have federal contracts?

 Are your employment law posters up to date?

 Has your state or local minimum wage increased?

 How are you calculating and paying overtime to non-exempt employees?

 When did you last analyze your exempt employees?

 Do you have independent contractors?

 Is all of your workplace OSHA compliant?

 Are your OSHA 300 logs up to date and your 300A form posted?

 Are your FMLA forms up to date?

 Are you managers trained on the ADA interactive process?

 Are you job applications and workplace accessible for the disabled?

 Do you know what devices are accessing your network?

 Have you tested your network for security?

 Are employees trained on cybersecurity compliance?

 Do you have necessary and appropriate insurance (EPLI / Cyber / D&O)?

A look back at key employment law cases from 2018 in Canada

https://business.financialpost.com/executive/a-grab-bag-of-major-2018-employment-law-cases

In particular, the cases and rulings matching shifting cultural sentiment around movements such as #metoo. How will this play out in the workplace. Read on to discover more on some major employment cases of 2018.

Five employment case law trends in the US and what they mean

Some federal case law to keep tabs which will have impact on employment law. Here are the key areas pulled from this article: https://www.hrdive.com/news/5-case-law-trends-and-what-they-mean-for-your-workplace/529146/ Adverse employment actions; Pretext; Race and national origin discrimination; Religious discrimination; Gender discrimination

Employment law in the age of the #metoo Movement

This is a podcast that is worth checking out on the recent #metoo movement and the implications of sexual abuse in the workplace. http://www.wxxinews.org/post/connections-discussing-employment-law-age-metoo

Five Key Employment Law Issues Facing the Health Care Industry in the US

A comprehensive article looking at upcoming issues in US employment law pertaining to the healthcare industry.

Employers in the health care industry are dealing with a growing number of employment law challenges. In this edition of Take 5, we identify the key issues confronting health care employers and discuss how to manage these challenges.

First, as health care employers continue to face a rise in the number of workplace violence incidents, we examine measures to address and curb these incidents. In addition, in light of the fact that health care employers are increasingly vulnerable to allegations of False Claims Act violations, we identify the steps that employers should consider when responding to resignation letters alleging health care fraud. We pinpoint the employment law risks that buyers should recognize and assess during the due diligence process as well as the restrictive covenant issues to consider in health care transactions. Finally, we focus on the data privacy and security requirements under Europe’s new privacy law and the steps for complying with these requirements.

More here: https://www.jdsupra.com/legalnews/five-key-employment-law-issues-facing-80755/

Canada legalizes marijuana - US next

Canada has legalized marijuana, becoming the 2nd country to do so. With the realization about the war on drugs as a farce,Figure out ways to not only squash the illicit sale of drugs, but also increase the tax base. America's not far behind although the road to legalization is complex with the relationship between the state and federal governments. What we do know, however, is that employers will know need to think about ways to address the use of marijuana in the workplace. Policies need to be in place in order to address this impending shift in culture. For one, employers should approach the issue as they would abuse of opioids, prescription medication, or alcohol. Also, employers will have to create policy based on their particular region.

Car Dealership Service Advisors Exempt From Federal Overtime Requirements

The United States Supreme Court ruled for the second time in as many years that service advisors are exempt from the FLSA’s overtime-compensation requirements.

The Fair Labor Standards Act (FLSA), 52Stat. 1060, as amended, 29 U. S. C. §201 et seq., requires employers to pay overtime compensation to covered employees. The FLSA exempts from the overtime-pay requirement “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles” at a covered dealership. §213(b)(10)(A). We granted certiorari to decide whether this exemption applies to service advisors—employees at car dealerships who consult with customers about their servicing needs and sell them servicing solutions. We conclude that service advisors are exempt.

More here.

New Employment Related Laws Updating in 2018 for California

Some new changes to employment laws will force business to make changes in California in 2018. The changes include shifts to criminal history, salary history, parental leave, and immigration. More here: http://www.santacruzsentinel.com/government-and-politics/20180101/new-laws-affect-california-businesses-in-2018

Top Labor Law Stories from US in September

1. SCOTUS Appears Ready To Deal Devastating Blow To Public Unions
2. What Does DACA Rescission Mean For Employers?
3. President Trump Revises Travel Ban A Third Time
4. Hurricane Irma Slams Florida, Leaving Employers With Many Questions In Its Wake
5. Workers File Equal Pay Class Action Lawsuit Against Google
6. Trial Against Gig Economy Classification System Wraps Up
7. Fisher Phillips Offers Comments To Labor Department On Exemption Rules
8. Judge OK’s $8.75 Million Postmates Misclassification Settlement
9. Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance
10. USDOL Drops Appeal In Overtime Rule Case

From https://www.lexology.com/library/detail.aspx?g=9797e4b1-487c-43bb-8a05-c58c44211e67

SCOTUS Revisiting Public Unions

SCOTUS is set to take on the the labor unions,

In a move that must have labor unions across the country trembling with fear, the Supreme Court announced that it will once again take up the issue of whether public sector agency shop fee arrangements are prohibited by the First Amendment. If the Court rules as expected and strikes down these common arrangements, it would be a big blow to the influence that labor has across the country (Janus v. American Federation of State, County, and Municipal Employees, Council 31).

More here/: https://www.fisherphillips.com/resources-alerts-scotus-deal-devastating-blow-to-public-unions

Brexit, the EU, and employment laws

How will Brexit impact employment law in the UK? There are far more unanswered questions than answers, and the tangled mess doesn't appear to have either easy or quick solutions. In the UK Brexit isn't the only issue, right now employers are navigating other legislation changes including: living wage, apprenticeship levy, and holiday pay.



Will Brexit untangle UK employment law from Europe?

What does leaving Europe mean for employment laws?

San Francisco Becomes First City to Require Paid Parental Leave

America is not known for being a leader in employment rights. At the risk of sounding socialist, some of the rights afforded to employees in other countries are virtually nonexistent in the US. For example parental leave is something virtually unheard of in United States. If you want to have a kid you better plan to set money aside or have a very generous employer.

On April 5th, this City of San Francisco passed legislation requiring certain employers to provide their employees with paid parental leave. The rules come into effect next year and require up to six weeks fully paid parental leave.

New York City is approving similar measures as well.

8 Points for New UK Employment Law Shifts

Beginning next month, there are a number of employment legislation changes coming into effect. For details read:
http://www.personneltoday.com/hr/employment-law-changes-april-2016/

USDOL 2016 Updates/Changes

USDOL prepped for 2016 and will be rolling out some changes including:

Changes to Federal Overtime Exemptions

The USDOL intends to modify wage and hour regulations under the federal Fair Labor Standards Act (FLSA). The amendments will double the salary ($23,660 to $50,000 per year) for certain “exemptions” from federal overtime requirements.

Secondly, USDOL intends to clamp down on misclassification of employees as independent contractors.

TOp 5 2016 January Employment Law topics USA

Check it out here:

http://www.lexology.com/library/detail.aspx?g=d023c629-b281-422d-bcf8-ca91470214a7

New Employment Laws in 2015

Familiarize yourself with new employment laws taking effect in 2015 across the United States. For a listing of recent updates in state employment laws, visit http://www.esrcheck.com/wordpress/tag/state-laws/.