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EU Court: illness no reason to deny paid leave
International |
2009/01/19 08:36
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The EU high court Tuesday voided German and British labor rules that deny paid annual leave to sick workers. Workers in the 27-nation European Union cannot lose the right to a paid vacation just because they are ill, the European Court of Justice ruled. Its ruling clarified the meaning of the EU labor legislation at the request of a German and a British court hearing cases of workers denied paid leave due to illness. The EU's Working Time Directive requires governments to ensure national paid vacation rules do not end up eroding the right to paid leave, the EU court said. It said that right cannot evaporate because of illness and workers must be able to take a paid leave in another period. The ruling immediately drew criticism. Letting workers accrue paid vacation benefits while on sick leave "will have serious and practical" problems for employers, said Tim Marshall, a partner and head of employment at DLA Piper LLP in London, one of the world's largest law firms, which represents many multinational corporations. "In these difficult times further constraints could prove too much for some employers," he added. |
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EPA to regulate mercury from cement plants
Environmental |
2009/01/17 08:40
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Federal regulators have settled a lawsuit with environmental activists and nine states over standards for mercury emissions from cement plants, the plaintiffs announced Friday. Earthjustice, an environmental law firm based in Washington, sued the Environmental Protection Agency in 2007 on behalf of activist groups. The firm said existing federal regulations that exempted older cement kilns failed to impose adequate mercury pollution controls. Nine states, including New York and Michigan, also joined the suit, contending the agency had not based its standards on the latest pollution control technology. About 150 kilns around the nation generate nearly 23,000 pounds of airborne mercury a year, according to Earthjustice. Mercury, a toxic metal that can damage the brain and nervous system, is generated from the raw materials and some fuels used in cement-making. The agency had issued mercury regulations for cement plants three years ago, but they applied only to kilns built after Dec. 2, 2005. Most operating kilns, however, were built earlier and were exempt. Under the settlement, the agency will propose a mercury rule for all plants by March 31 and make a final decision within a year. "EPA is carefully considering what an appropriate standard should be for mercury emissions from cement kilns," spokeswoman Cathy Milbourn said. |
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Wis. mayor charged with plotting tryst with child
Court Watch |
2009/01/16 09:22
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Prosecutors charged Racine Mayor Gary Becker with child-sex felonies Thursday and said he had gone to a mall to meet a 14-year-old girl he thought he had met during an online chat.
A state agent had posed as the girl, and the 51-year-old mayor was arrested Tuesday at the mall in suburban Milwaukee. District Attorney Michael Nieskes said during a news conference after a court hearing Thursday that investigators also found records of 1,800 sexually explicit chats on Becker's computer.
The charges include attempted second-degree sexual assault of a child under 16, possession of child pornography, child enticement, use of a computer to facilitate a child sex crime, attempt to expose a child to harmful material and misconduct in office. At least one city official has called on Becker to resign. Becker, who is married and has two children, waived his preliminary hearing in Racine County Circuit Court on Thursday afternoon. Racine County Circuit Court Commissioner Alice Rudebusch set his arraignment for Feb. 10. The investigation by the state Department of Justice's Division of Criminal Investigation started after city workers who helped Becker fix a problem with his personal computer found pornography files on it and alerted Racine police, the complaint said. Police had passed the case on to state investigators to avoid a conflict of interest. After chatting online with the agent posing as a girl, Becker went to the mall to buy lingerie for the girl, according to a criminal complaint. During the chat, he offered to meet her and take her to a hotel to "have lots of fun," the complaint said. |
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Delaware bankruptcy court restricts Nortel trading
Bankruptcy |
2009/01/16 09:21
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The U.S. Bankruptcy Court for the District of Delaware ordered trading restrictions on shares of Nortel Networks Corp., the Canadian telecommunications equipment maker said Friday.
Toronto-based Nortel said restrictions were set on trading of its common shares and on two types of preferred shares - cumulative redeemable class A preferred shares series 5 and non-cumulative redeemable class A preferred shares series 7. Nortel also said the court's order informs shareholders of claims against the company and the possibility of debt trading restrictions in the future. The company, which has seen a large drop in orders from phone companies, filed for bankruptcy protection in Canada and the U.S. on Wednesday. It is the first major technology company to do so during the economic downturn. |
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Court ruling endorses Bush surveillance policy
Law Center |
2009/01/16 09:20
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A special appeals court for the first time has upheld a Bush administration program of warrantless surveillance.
In a ruling released Thursday, the court embraced the Protect America Act of 2007, which required telecommunications providers to assist the government for national security purposes in intercepting international phone calls and e-mails to and from points overseas.
The decision, which involves the gathering of foreign intelligence, was made last August but only released Thursday after it had been edited to omit classified information. An unidentified telecommunications company had challenged the law. The U.S. Foreign Intelligence Surveillance Court of Review said the time needed to get a court warrant would hinder the government's ability to collect time-sensitive information, impeding vital national security interests. The challenge to the law has presented no evidence of any actual harm or any broad potential for abuse, the court's three judges concluded. |
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SKorean court denies bail to jailed blogger
International |
2009/01/16 09:19
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A popular South Korean blogger arrested on accusations of posting false economic information on the Internet has been denied bail, his lawyer said Friday.
The 31-year-old blogger, who went by the handle "Minerva" after the Greek goddess of wisdom, rocketed to fame in South Korea for his startlingly accurate predictions about the economy, including the collapse of Lehman Brothers.
But prosecutors said he went too far in saying on an online discussion site that the government had banned major financial institutions and trade businesses from purchasing U.S. dollars in an apparent move to shore up the local currency, calling it inaccurate information that disrupted the foreign exchange market. His arrest last week ignited a debate about freedom of speech in cyberspace in South Korea, one of the world's most wired and tech-savvy nations. Prosecutors have extended the detention period for the blogger, identified in court documents as Park Dae-sung, for further questioning and plan to indict him next week, Yonhap news agency reported, citing an unidentified prosecution official. Prosecutors were not immediately available for comment late Friday. In some 100 postings on bulletin boards on a popular Internet portal last year, "Minerva" denounced the government's handling of the economy and made predictions, largely negative, for the future. His writings were sprinkled with jargon that suggested he was an economic expert, and his identity was a hot topic of discussion in South Korea. Prosecutors say the suspect is actually an unemployed Seoul resident who studied economics on his own after graduating from a vocational high school and junior college with a major in information and communication. Judge Hou Man of Seoul Central District Court ruled Thursday that the suspect must remain in custody, saying he was a risk for fleeing or destroying evidence, defense lawyer Park Chan-jong said. The lawyer said the blogger did not intend to harm the public. If convicted of spreading false information, he faces up to five years in prison or a fine of up to 50 million won ($36,360). |
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Noriega fights transfer to France before US court
Court Watch |
2009/01/15 08:50
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A skeptical panel of federal appeals judges questioned Wednesday whether former Panamanian dictator Manuel Noriega has any legal right to challenge his proposed extradition to France to face money laundering charges.
The 11th U.S. Circuit Court of Appeals judges cast doubt at a hearing on claims by Noriega's lawyers that the Geneva Conventions treaties regarding prisoners of war require Noriega be returned to Panama because his sentence for drug racketeering ended in September 2007.
U.S. Circuit Judge Ed Carnes repeatedly asked Noriega attorney Jonathan May whether Congress eliminated the legal underpinnings of Noriega's argument when it passed the 2006 Military Commissions Act. The law created judicial procedures for enemy combatants held at Guantanamo Bay, Cuba, but also could be applied to POWs and anyone else, the judges said. "Do you disagree with the plain meaning of that language, or what?" Carnes said. "You're using the Geneva Conventions as a source of your client's right ... (the law) says you can't." May said that was an incorrect interpretation of what Congress sought to do. He insisted the law was meant to apply solely to court proceedings, not an executive branch matter such as extradition. |
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