
Publication
Modern Slavery Act reforms under a Labor Government and what businesses need to know
Labor went into the May election promising a number of significant changes to modern slavery mitigation strategies and legislation in Australia.
United States | Publication | May 3, 2021
On April 28, 2021, the Ninth Circuit reversed a district court’s order preliminarily enjoining enforcement of California Assembly Bill 5 against motor carriers doing business in California. As readers know, AB 5 codified the “ABC” Test for classifying workers as either employees or independent contractors, as adopted by the California Supreme Court in Dynamex Operations W. v. Superior Ct., 4 Cal. 5th 903 (2018). In California Trucking Association v. Bonta, a split panel of the Ninth Circuit held the district court abused its discretion in enjoining enforcement of AB 5 on the grounds it was preempted by the Federal Aviation Administration Authorization Act (FAAAA). In so holding, the Ninth Circuit determined AB 5 “is a generally applicable labor law that affects a motor carrier’s relationship with its workforce and does not bind, compel, or otherwise freeze into place the prices, routes, or services of motor carriers.” As such, AB 5 is not preempted by the FAAAA.
In dissent, Judge Bennett wrote that, as applied to California Trucking Association’s members, the FAAAA preempted AB 5 because it both affects a motor carriers’ relationship with their workers and significantly impacts the services motor carriers are able to provide to their customers.
Publication
Labor went into the May election promising a number of significant changes to modern slavery mitigation strategies and legislation in Australia.
Publication
The Fifth Circuit's decision in Jarkesy v. SEC, No. 20-61007, has significant consequences for how the SEC can prosecute civil securities law violations and how parties facing SEC charges can seek to vindicate their constitutional rights.
Publication
In an effort to crack down on tax evasion, criminal activities, money laundering, corruption and terrorism financing, legislation has been introduced federally and in many Canadian provinces requiring that private corporations maintain a register of individual(s) who “significantly control” a corporation (a Register).
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