Court grants review in federal employee’s filing deadlines case

Court grants review in federal employee’s filing deadlines case

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The Supreme Court on Friday afternoon agreed to take up another case exploring the distinction between deadlines that are jurisdictional – so that courts cannot hear a case if they are not met – and those that are instead simply a limitations period that can be waived or extended.

The justices granted review in Harrow v. Department of Defense, the case of a federal government employee who challenged his 2013 furlough. The case was the only grant on a … Read the rest

Attention California Employers! Soon, You Will Need to Provide Employees Five Days (or 40 Hours) of Paid Sick Leave (US)

On October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law, which expands California’s mandatory paid sick leave from three days (or twenty-four hours) to five days (or forty hours). The increased paid sick leave requirements take effect on January 1, 2024.

Background

In 2014, California enacted the Healthy Workplaces, Healthy Families Act of 2014 (“HWHFA”), providing California employees with paid sick leave. The HWHFA became effective on July 1, 2015, and has been amended … Read the rest

Salary reimbursement of seconded employees not taxable in the hands of foreign company: Delhi ITAT

Salary reimbursement of seconded employees not taxable in the hands of foreign company

The Hon’ble Income Tax Appellate Tribunal (“ITAT”), Delhi has recently held that salary reimbursement of seconded employees paid to the original employer without any profit element is not taxable as fee for technical services.

This case[1] pertains to Ernst and Young LLP, USA (“EY USA”), which is set up in the US. It had sent its employees on secondment (“Seconded Personnel”) to work with various EY member firms in India (“EY India”). … Read the rest

Court grants review in new batch of cases, including dispute on religious rights of employees

Court grants review in new batch of cases, including dispute on religious rights of employees

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The Supreme Court will review how employers must accommodate their employees’ religious practices, how courts should decide whether threatening statements are protected by the First Amendment, and whether a local government violated the Constitution when it confiscated and sold a $ 40,000 home based on the owner’s failure to pay $ 15,000 in property taxes.

Those issues are among a slew of new disputes that the justices added to their docket on Friday afternoon in an order list from … Read the rest

FedEx employees seek to preserve collective-action lawsuits over wages

FedEx employees seek to preserve collective-action lawsuits over wages

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Five years ago, the justices in Bristol-Myers Squibb v. Superior Court of California limited certain personal-injury lawsuits against businesses to residents of a single state. Since that 2017 decision, businesses have convinced state courts to cabin a host of lawsuits brought by out-of-state plaintiffs over out-of-state conduct. This week, we … Read the rest

Two petitions from North Carolina seek to resolve pay and benefits for public employees

Two petitions from North Carolina seek to resolve pay and benefits for public employees

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

This week, we highlight cert petitions that ask the court to consider, among other things, whether two groups of North Carolina employees were denied pay or benefits by the state in violation of a federal employment law and the Constitution.

Emergency Medical Services employees in Cleveland County, North Carolina, work … Read the rest