Legal Updates

It ain’t how you do it, it’s what you do!

This article is taken from the latest edition of Fladgate’s Fashion Update. Please email the marketing team on marketing@fladgate.com to be added to the mailing list for future updates.

At the annual review of the Leisure Property Forum held at our offices in early February, the view was taken that the market had now reached such a strength in certain areas of Central London that landlords were choosing tenants for unoccupied units, on the basis of what they did and what product they were delivering, as opposed to the more traditional approach of the covenant strength of the tenant itself. More…

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PUNCH LIST: WHAT TO DO WHEN THREATENED OR SUED

Texas Lawyer

In this article, Beirne, Maynard & Parsons partners Scott Marrs and Andrew McGill discuss the initial steps energy companies should take when served with a lawsuit – a more likely occurrence given the current climate of falling oil prices and increasing energy regulation.

PDF FilePunch List: What to do when threatened or sued More…

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Voluntary overtime may require to be accounted for in holiday pay

On Tuesday of this week, the Court of Appeal in Northern Ireland issued its decision in the case of Patterson v. Castlereagh Borough Council, this being the next stop on the now epic journey which the tribunals and courts have taken in trying to determine what should and what should not be accounted for in an employee’s entitlement to holiday pay.

It may be an apt time of year for this decision given the number of people who will now be going on a summer holiday, but the finding of the court may mean that employers will have immediate worries, rather than being able to leave them behind for a week or two.

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New York City Investigation of Hiring Practices

New York City’s Commission on Human Rights is now authorized to investigate employers in the Big Apple to search for discriminatory practices during the hiring process. This authority stems from a law signed into effect by Mayor de Blasio that established an employment discrimination testing and investigation program.  The program is designed to determine if employers are using illegal bias during the employment application process.

Under this program, which is to begin by October 1, 2015, the Commission is to use a technique known as “matched pair testing” to conduct at least five investigations into the employment practices of New York City employers.  The law requires the Commission to use two “testers” whose credentials are similar in all respects but one: their protected characteristics, i.e., actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation, alienage, citizenship status, or another characteristic protected under the New York City Human Rights Law.  The testers will apply for jobs with the same employer to evaluate whether that employer is using discriminatory practices during the hiring process.

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ATO Garnishee Notices and Secured Creditors

Under the Tax Administration Act 1953 (Cth), the Deputy Commissioner of Taxation has wide ranging power to assist it in collecting tax debts. One of these powers is the ability to issue a garnishee notice.

A garnishee notice is served on a third party who either holds money on behalf of a tax payer (i.e. a bank) or a party that owes money to the taxpayer.

Often, when the notice is issued, the taxpayer is already in financial difficulty and is likely to be in breach of its loan arrangement with its bank / lender. More…

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“Ohio Supreme Court: Which Dormant Mineral Act applies?” Jeff Pollock quoted in Farm and Dairy

COLUMBUS—Many eyes are on the Ohio Supreme Court as it muddles through the question of which Ohio Dormant Mineral Act applies to surface rights and mineral rights owners. The Ohio Supreme Court ruled on one case June 18 involving the Ohio Dormant Mineral Act and heard another case June 23.

Ohio Dormant Minerals Act

The Dormant Mineral Act governs the ownership rights of minerals that have been severed from the surface lands. It establishes conditions and procedures by which the ownership of mineral rights are preserved with the mineral holder or abandoned to the owner of the surface lands. The 1989 version of the Dormant Minerals Act has been described as a “use it or lose it” statute: If the mineral interest owners did not “use” their mineral interests during a 20-year time period, they automatically vested in the surface owner.

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Five EEOC Initiatives to Monitor on the Agency’s Golden Anniversary

My colleague Nathaniel M. Glasser recently authored Epstein Becker Green’s Take 5 newsletter.   In this edition of Take 5, Nathaniel highlights five areas of enforcement that U.S. Equal Employment Opportunity Commission (“EEOC”) continues to tout publicly and aggressively pursue.

  1. Religious Discrimination and Accommodation—EEOC Is Victorious in New U.S. Supreme Court Ruling
  2. Transgender Protections Under Title VII—EEOC Relies on Expanded Sex Discrimination Theories
  3. Systemic Investigations and Litigation—EEOC Gives Priority to Enforcement Initiative
  4. Narrowing the “Gender Pay Gap”—EEOC Files Suits Under the Equal Pay Act
  5. Background Checks—EEOC Seeks to Eliminate Barriers to Recruitment and Hiring

Read the Full Take 5 here.

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Investor’s Guide 2015

Introduction

For the last ten years, Lavrynovych & Partners Law Firm has been supporting the leading foreign companies and investors, sharing our knowledge and high-level expertise with them. Now, we are pleased to present the first edition of the Investor’s Guide.

This guide provides a summary of the Ukrainian legal system from the point of view of foreign investors who are accustomed to addressing similar legal questions prior to deciding whether to invest in Ukraine. More…

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Proposed DOL Rule To Make More White Collar Employees Eligible For Overtime Pay

More than a year after its efforts were first announced, the U.S. Department of Labor (“DOL”) has finally announced its proposed new rule pertaining to overtime. And that rule, if implemented, will result in a great many “white collar” employees previously treated as exempt becoming eligible for overtime pay for work performed beyond 40 hours in a workweek – or receiving salary increases in order that their exempt status will continue.

In 2014, President Obama directed the DOL to enhance the “white collar” exemptions to the Fair Labor Standards Act (“FLSA”), which currently exempt from overtime some employees who earn $455 per week, or $23,660 per year.  The DOL’s proposed rule would more than double the salary threshold for an executive, administrative or professional exemption to apply, increasing it to $970 per week, or $50,440 per year.  In addition, the highly compensated employee exemption would increase from $100,000 to $122,148.  Not unimportantly, pursuant to the proposed rule, These salary figures would automatically adjust for annual inflation.  

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LIVE VIDEO-STREAMING APPS POSE CHALLENGES FOR SPORTS AND ENTERTAINMENT INDUSTRIES

iStock_000015783236XSmallThe transmission of live events through video-streaming apps Periscope and Meerkat is raising concerns among rights holders. Advances in both legal and technological tools will be needed to effectively combat unauthorized transmissions.

Challenge

Although people have been using smartphones to shoot videos they share on social media platforms for some time, live video-streaming apps such as Periscope and Meerkat are bringing live videos to mass audiences like never before.  Since Meerkat emerged on the scene as the darling of the 2015 South by Southwest Interactive conference, the media and marketing communities have been buzzing over the potential and pitfalls of live video-streaming apps.  That buzz reached a fever pitch in May when the highly anticipated boxing match between Floyd Mayweather Jr. and Manny Pacquiao became the first high profile live sporting event to suffer a blow from rampant piracy on Meerkat and its competitor, Periscope.

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