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Recent Editions
North America
Human Times
U.S. companies will no longer be able to enforce noncompete agreements on employees, following a rule approved by the Federal Trade Commission (FTC). The ban aims to increase job mobility and prevent restrictions on workers' ability to switch jobs for higher pay. The FTC argues that noncompete agreements harm workers and the economy by reducing job churn and limiting the hiring ability of other businesses. The rule, which received support from the majority of the 26,000 comments received, will take effect in six months unless blocked by legal challenges. Business groups have criticized the measure, claiming it exceeds the FTC's authority. The U.S. Chamber of Commerce plans to sue to block the rule. Noncompete agreements are already banned in three states, including California.
Full IssueUK
Human Times
Martin Rolfe, the CEO of the UK's air traffic services provider, has defended engineers who work from home, telling MPs the ability to problem solve remotely when called upon was "a bonus." NATS - formerly National Air Traffic Services – came under fire last year when an IT systems failure led to air traffic chaos and grounded flights, with Ryanair boss Michael O'Leary accusing engineers of "sitting at home in their pyjamas." Mr Rolfe has defended NATS’ staffing arrangements, telling the Transport Committee his organisation operated a "very similar model to almost all of the rest of critical national infrastructure." He insisted that there were always engineers on site to solve problems but noted that expert "design engineers" were needed for particularly complex issues. Remote working technology, he argued, enables these engineers to look into issues immediately.
Full IssueUSA
Education Slice
The Biden administration has unveiled a new labor rule that extends mandatory overtime pay to an estimated 4m salaried workers, going further than the previous Obama-era rule. From July 1, employers will be required to pay overtime premiums to workers who earn the equivalent of an annual salary of $43,888 when they work more than 40 hours in a week. The total will increased to $58,656 on January 1 2025. “The Department of Labor is ensuring that lower-paid salaried workers receive their hard-earned pay or get much-deserved time back with their families,” said Wage and Hour Administrator Jessica Looman. “This rule establishes clear, predictable guidance for employers on how to pay employees for overtime hours and provides more economic security to the millions of people working long hours without overtime pay.” The salary threshold will increase over time, reaching $58,656 by 2025. The new rule is expected to face legal challenges.
Full IssueUSA
Accountancy Slice
The IRS has gained specific authority to tackle syndicated conservation easements that are deemed abusive. Initially, the IRS faced legal challenges regarding the adoption of guidance for these easements. While the Tax Court initially supported the IRS's position, the 11th Circuit reversed it, stating that the IRS failed to meet the requirements of the Administrative Procedures Act (APA). In response, the IRS has shifted its guidance to proposed regulations that comply with the APA. Legislation has also been enacted to limit losses claimed on syndicated conservation easements. The recent Tax Court decision in the Valley Park Ranch case has reversed the IRS's previous position, potentially causing trouble for the IRS in all circuits. Looking ahead, the IRS can continue revising its regulations, aided by reporting requirements, to identify abusive easements.
Full IssueScotland
Legal Matters Scotland
Kemi Badenoch has claimed that SNP ministers are “too lazy” to do their own legislative work as she rejected claims by Humza Yousaf that the UK government was using Scottish postmasters as “political pawns”. Yousaf has demanded Rishi Sunak should reverse his government’s “outrageous” decision not to extend legislation to Scotland to exonerate those wrongly convicted as part of the Post Office Horizon scandal. He claimed he was “utterly furious” that Westminster had agreed the bill - which was originally proposed to cover only England and Wales - should be extended to cover Northern Ireland, but still would not apply to Horizon victims in Scotland. Badenoch, however, noted that Scotland had a different legal system to the rest of Britain. She said: “The SNP want independence but are too lazy to do the work. They have powers to get justice for the postmasters. They should stop whining and get on with it.” She also mocked Yousaf for confusing the Post Office with the Royal Mail on social media. The first minster received two community notes on his post correcting claims about the scandal.
Full IssueNorth America
Legal Slice
According to a poll conducted by the American Bar Association (ABA), 74% of U.S. residents believe that American democracy is weaker than five years ago. The survey revealed that 31% of respondents attributed the weakening of democracy to misinformation and disinformation, while 29% blamed political parties. The survey also found that 55% of Americans have concerns about the integrity of the 2024 general election, with meddling with the vote-counting process being the primary concern for 36% of respondents. The ABA survey also highlighted the importance of fair and free elections, with 50% of respondents considering it the most important part of a democratic government. The poll also showed support for various voter measures, including voter ID requirements, allowing convicted felons to vote after their release, early voting, and absentee voting. The survey results were presented during an online panel discussion, where retired Judge J. Michael Luttig expressed concern over the doubt and confusion surrounding democracy and elections in America. Danielle Allen, a public policy professor at Harvard University, suggested adopting ranked-choice voting as a reform to encourage broad participation of the electorate.
Full IssueEurope
Risk Channel
The Bank of England has issued a warning to lenders, saying they must improve the oversight of their dealings with private equity firms. The central bank has found that many lenders lack a clear picture of their lending to the buyout sector and individual private equity firms. It has ordered them to tighten up their risk management and conduct internal stress tests to gauge potential losses. In a letter to several large UK and international commercial banks signed by Rebecca Jackson and Charlotte Gerken, officials at the Bank's Prudential Regulation Authority, the Bank said lenders' boards need to be regularly informed of their bank's overall private equity exposures to ensure they are comfortable with the risks they face. Ms Jackson, the Bank's executive director for authorisations and international supervision, said: "The overall risk here is that when banks fail to properly measure and assess their aggregate exposures, and in the absence of a defined risk appetite framework and board engagement, it's very easy to develop an outsized and concentrated exposure that leaves one open to the risk of a large loss . . . The need for significant improvements in risk management is clear, and it's clear that these need to happen now. It's better, as Shakespeare said, to be three hours too soon than a minute too late.” Her speech follows a broader view from the BoE on Monday on the role of private equity, its links to banking and concerns that opacity on leverage in the $8 trillion global sector raises. Banks have been told to report back to the regulator by August 30.
Full Issue