Storm Clouds Ahead for 401(k) Plans?

Presents a preliminary assessment of whether the automatic 401(k) plan features approved in 2006 are encouraging employers to offer plans and employees to save. Discusses the potential impact of a lawsuit over an employer's management of a 401(k) account

The Global Employer: How to Respond to a Global Crisis

This publication has been prepared for clients and professional associates of Baker & McKenzie. It is intended to provide only a summary of selected legal developments. For this reason the information contained in this publication should not form the basis of any decision as to a particular course of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual cases. The services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant legislation or other legal development to the particular facts can be verified

China Employment Law Guide

[Excerpt] This guide comments on the general rules applicable under national Chinese laws and regulations, and the numerous local regulations, rules and practices that continually play a fundamental role in the application of law in China in each case. This guide provides helpful background information but is not a substitute for specific legal guidance, as the applicable rules and practice must be researched and analyzed according to the specific needs and issues of each case

Conflicts of Interest at Foundations: Avoiding the Bad and Managing the Good

Conflicts of interest should either be avoided or managed in such a way that the foundation and its board and managers are protected from liability or unwelcome publicity. By answering the following five questions and by following the processes recommended in this paper, foundations can minimize legal risks; protect themselves and their board members and foundation managers against bad publicity; and most of all, ensure the integrity of their decision-making process. The five questions are: Is this transaction a conflict of interest or could it be perceived as such by others?Is it prohibited by the self-dealing rules under the Internal Revenue Code?Even if the transaction is not prohibited by the self-dealing rules, is it unfair to the foundation?i.e., does it improperly benefit another person or organization?Does the transaction create an appearance problem? How would it look on the front page of tomorrow's newspaper or to the foundation's founders?Has the foundation followed its conflict-of-interest policy and documented that fact?This paper outlines the law and the factors that should be considered when answering these questions. It also includes examples of situations that foundation regulalry encounter to offer the reader an opportunity to test his or her understanding

Further Education Funding Council : circular : 96/06 : franchising

"Gives guidance on arrangements for franchised-out/off-site collaborative provision for 1996-97 and asks colleges to put in place by the end of the current college year a control test and a contract with collaborators" -- front cover

China Employment Law Update - October 2009

[Excerpt] The Beijing High Court and the Beijing Municipal Labor Dispute Arbitration Committee jointly announced through meeting minutes issued in August 2009 several clarifications on key employment issues. While not binding on local arbitration committees and courts, these lower level organizations are expected to follow the conclusions announced in the meeting minutes. The meeting minutes stated that employers must pay a minimum of 20% of the salary that the employee earned prior to termination in order to enforce a post- termination non-compete restriction. Beijing previously had no standard that applied across the city. The minutes also provide that an employer has the right to waive a non-compete restrictions by giving notice to employees. The meeting minutes also discussed the burden of proof in overtime disputes, stating that employers have the burden to show that overtime has been paid during the period of two years prior to the date that an employee files a claim. Employees, however, assume the burden for any claims relating to time periods before two years. This distinction is based on the requirement that employers keep payroll records for two years. The status of “independent contractor” was also indirectly recognized in the meeting minutes, with the clarification that an “employment relationship” may not exist for persons who provide services to a company based on their own skills, knowledge and equipment, take business risks by themselves, and are not subject to the management of the company