ジョーンズ・デイ・ニュースレター：Japan Legal Update - May 2016

Japan's public pension system requires mandatory enrollment for all residents aged 20 to under 60, including foreign nationals, with contributions split equally between employers and employees. While supplementary corporate pension plans are voluntary, employers must navigate strict legal requirements when establishing or amending them. Understanding the interplay between statutory obligations, voluntary pension options, and the tax treatment of contributions and benefits is essential for compliant workforc

In Japan, where the population is rapidly aging, promoting employment stability and opportunities for elderly employees has become a critical policy focus.

In response to increasing media reports of "karoshi" (employee death due to overwork), Japan has made some major changes to its Labor Standards Act of 1947. Under a recent amendment...

In this APAC regional quarterly update, we analyze measures to expand worker protections across various countries in the Asia-Pacific region.

Some foreign companies think that Japanese labor law is not applicable to a labor contract as long as the contract specifies that the applicable law is the law of another country besides Japan.

Previously, Japanese labor laws and regulations required employers to pay wages to their workers only in cash or by transfer into the workers' bank accounts or other similar accounts at financial...

The Guidelines build on existing working time regulations by strengthening definitions and clarifying what is required.

Discussion concerning the so called "social clause"1 took place under the GATT/WTO,2 and was finally settled in 1996 by the WTO Singapore Ministerial Declaration paragraph 4...

The Act on Ensuring Proper Transactions Involving Specified Entrusted Business Operators (commonly referred to as the Freelance Act) introduces mandatory requirements...

Please view this webinar from Vanguard Lawyers Tokyo.

The Code is voluntary, but it will likely become an important reference point for demonstrating compliance with Article 50 of the AI Act.

The Ninth Circuit Court of Appeals vacated a preliminary injunction against Perplexity AI, determining that when an AI agent acts at a user's direction, it is the user—not the AI company—who "accesses" computer systems under federal and California computer fraud statutes. This landmark appellate decision addresses how existing computer-access laws apply to agentic artificial intelligence and has significant implications...

A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.

On December 3, a federal court in the Central District of California granted plaintiffs' request for preliminary approval of a proposed $22 million settlement ...

The European Commission has adopted final Guidelines on exclusionary abuses of dominance under Article 102 TFEU, introducing a "workable effects approach" that narrows presumptions while expanding guidance on objective justifications and recognizing sustainability benefits as valid efficiencies for the first time. These Guidelines replace the 2008 Enforcement Priorities Guidance and are expected to significantly impact enforcement practices across EU Member States and beyond, particularly for digital market

The Situation: Surging interest in digital tokens has caught the attention of regulators in Hong Kong.

The European Commission has proposed replacing the EU's three core procurement directives with a single, directly applicable Regulation that would fundamentally reshape how companies compete for public contracts across Member States. The reform introduces mandatory quality criteria thresholds, embeds ESG considerations as evaluation factors, and establishes new security and European-preference provisions that could restrict participation based on ownership, supply chain exposure, and strategic dependencies.

On July 16, plaintiffs in a putative class action filed a motion for preliminary approval of their settlement agreement with a video game ...

The IRS has proposed new regulations that would impose nondiscrimination requirements on private schools seeking to maintain their tax-exempt status under section 501(c)(3). These regulations would prohibit policies discriminating on the basis of race, color, or national or ethnic origin in admissions, financial assistance, and other school programs. The proposed rules raise important questions about how private schools can structure their programs while complying with federal tax law requirements.

The European Commission has initiated infringement procedures against 20 EU Member States for failing to transpose the EmpCo Directive by the March 27, 2026 deadline. This directive aims to combat greenwashing by requiring substantiation of environmental claims and third-party certification for sustainability labels, with full implementation expected by September 27, 2026.