Seeking a legal U.S. definition of gender "on a biological basis that is clear, grounded in science, objective, and administrable," the Department of Health and Human Services proposes legal gender be male or female as determined by genitalia at birth, according to The New York Times. The report cites a HHS memo looking for clarity on a gender definition under Title IX, the federal civil rights law banning gender discrimination in education programs that received federal funds. "Sex means a person's status as male or female based on immutable biological traits identifiable by or before birth," according to the memo obtained by the Times. "The sex listed on a person's birth certificate, as originally issued, shall constitute definitive proof of a person's sex unless rebutted by reliable genetic evidence." There are 1.4 million Americans who recognize themselves transgender, according to the Times. Those who challenge the government definition legally would have to submit to genetic … [Read more...] about NY Times: Trump Wants to Define Transgender Out of Existence
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Casual workers are also Employee as defined under ESI Act: Supreme Court [Read Judgment]
Supreme Court, in Royal Western India Turf Club Ltd. Vs. E.S.I. Corporation, has held that casual workers are covered under definition of employee as defined in Section 2(9) of the Employees State Insurance Act, 1948. BackgroundApex Court Bench comprising of Justices V. Gopala Gowda and Arun Misra was hearing the appeal preferred by Royal Western India Turf Club Ltd. The main question in this appeal was referred to a three judge Bench which had held that the Turf Club would fall within the meaning of the word ‘shop’ as mentioned in the notification issued under the ESI Act. Thereafter it was placed before Division Bench. ‘Employee’ definition very wide The Court observed that the definition of “employee” is very wide and a person who is employed for wages in the factory or establishment on any work of, or incidental or preliminary to or connected with the work is covered. The definition brings various types of employees within its ken. The Act … [Read more...] about Casual workers are also Employee as defined under ESI Act: Supreme Court [Read Judgment]
Extension of Nondiscrimination Relief to Certain Closed Defined Benefit Plans
The Internal Revenue Service (IRS) recently extended the temporary nondiscrimination relief for closed defined benefit plans. This extended relief is intended to enable closed pension plans (defined as pension plans that have been closed to new participants but continue to provide ongoing benefit accruals for certain participants) to more easily satisfy certain nondiscrimination testing requirements. In most cases where the relief applies, the closed defined benefit plan is aggregated with a defined contribution plan to satisfy the nondiscrimination testing requirements, and the relief assists the aggregated plan in passing nondiscrimination requirements that apply to accrued benefits and to certain rights and features relating to those benefits.The original nondiscrimination testing relief for closed pension plans was provided several years ago in an earlier IRS Notice. This relief was already extended on two prior occasions, and the recent IRS Notice … [Read more...] about Extension of Nondiscrimination Relief to Certain Closed Defined Benefit Plans
The Importance of Defining the Parameters of Discovery in Arbitration
Discovery is often time-consuming and expensive. Many litigants see arbitration as an avenue to limit discovery and thereby reduce the cost and expense of litigating. While arbitration may be used to alleviate some of the burdens of discovery, it is not a panacea to discovery-related headaches. Instead, the greater flexibility provided by arbitration requires that litigants and their counsel exercise reasoned judgment very early in the case to define discovery parameters that will allow for smooth, efficient and economical discovery that meets the needs of the case and client.In state or federal court there is one set of rules of civil procedure that provide clear guidance as to what information is discoverable, by whom, when, and how. For example, in federal court, F.R.C.P. 26(b)(1) provides that the scope of discoverable information is that which is “reasonably calculated to lead to the discovery of admissible evidence.” In addition to the Rules, a well-developed body of … [Read more...] about The Importance of Defining the Parameters of Discovery in Arbitration
GAO Report on Connected Vehicles Calls for NHTSA to Define and Document its Role in Vehicle Data Privacy
It’s not news that various branches of the federal government have been studying a range of privacy and consumer safety issues that arise with ever more connected vehicles. What is new is the Government Accounting Office (GAO)’s report to the House Subcommittee on Research and Technology, Committee on Science, Space and Technology about how current passenger vehicle manufacturers address the many privacy issues that arise with connected vehicle use.GAO interviewed industry associations and organizations that work on privacy issues and also interviewed 16 automakers that were selected based on their U.S. passenger vehicle sales. GAO reviewed the written privacy policies of the automakers against a set of leading privacy practices and issued a report, Vehicle Data Privacy: Industry and Federal Efforts Under Way but NHTSA Needs to Define its Role, on August 28, 2017.Connected vehicles offer services to consumers through the capability of wireless … [Read more...] about GAO Report on Connected Vehicles Calls for NHTSA to Define and Document its Role in Vehicle Data Privacy