News

Landsholdsspiller – ansættelsesretlig status?

Uden ellers at ville blande mig i den igangværende konflikt mellem kvindefoldboldlandsholdet og DBU om en fremtidig landsholdsaftale og spørgsmålet om landsholdsspillernes eventuelle status som lønmodtagere, vil jeg knytte nogle ansættelsesretlige bemærkninger til problemstillingen.

Hvem er lønmodtager i traditionel forstand?
Ansættelsesretligt findes der ingen generel lovbestemt definition på lønmodtagere. Speciallovgivningen opererer derimod med definitioner, der ikke er fuldt ud parallelle. Disse specialbestemmelser findes primært i relation til skatteretlige og social-/pensionsretlige forhold. Personer der indtager lønmodtagerstatus har ofte, i forhold til ikke-lønmodtagere, en række rettigheder, der ikke kan fratages lønmodtagerne ved individuel (ansættelses)aftale.

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Udlejning af lejebolig til Airbnb

Airbnb er meget oppe i medierne for tiden, særligt efter Københavns overborgmester Frank Jensen har udtalt, at han vil sætte loft for, hvor mange nætter pr. år man må udleje sin bolig til Airbnb-gæster. Men er det overhovedet tilladt at udleje sin lejebolig til Airbnb?

Det er blevet populært at udleje sin bolig til Airbnb, men personer der bor til leje bør være opmærksomme på, at det kan være i strid med lejelovgivningen og lejekontrakten at udleje via platformen.

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Top Five Takeaways from MedPAC’s Meeting on Medicare Issues and Policy Developments – September 2017

The Medicare Payment Advisory Commission (“MedPAC”) met in Washington, DC, on September 7-8, 2017. The purpose of this and other public meetings of MedPAC is for the commissioners to review the issues and challenges facing the Medicare program and then make policy recommendations to Congress. MedPAC issues these recommendations in two annual reports, one in March and another in June. MedPAC’s meetings can provide valuable insight into the state of Medicare, the direction of the program moving forward, and the content of MedPAC’s next report to Congress.

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Howard & Howard congratulates our attorneys named to Michigan Super Lawyers and Michigan Rising Stars 2017

Chicago, Illinois, September 19, 2017: Twenty-nine of Howard & Howard’s attorneys were recently named to Michigan Super Lawyers®and Michigan Rising Stars 2017 as a result of a patented selection process. This process includes peer evaluation and independent research. Only five percent of the attorneys in Michigan were named to the Super Lawyers list and two and one half percent to Rising Stars.

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Assisting at the Pieta 100 Cycle

We were delighted to once again support Pieta House in their recent Pieta 100 Cycle. Volunteers from HOMS Solicitors manned refreshment stations along the routes with Sarah Falvey, Mark Culhane and John Ringrose assisting at Highfield RFC, Cork. Robert Bourke, Maria Gleeson, Michelle Thompson and Siobháin Phayer handed out well earned refreshments in the carpark of Jack Quinn’s Pub, Trim. Rachael Shaughnessy and Nicola Hackett kept the cyclists going at the Limerick Brothers of Charity stand in Newcastle West, Limerick.

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More Suits Expected As Law Firm Runs Ads About CU Overdrafts

DETROIT–A law firm here is running newspaper ads headlined, “Attention Credit Union Members: Has your credit union assessed multiple overdraft charges when you believed you had a sufficient balance?”

One attorney who represents credit unions is warning that there will be “more of these lawsuits.” The ads received significant press attention in the Detroit Free Press.

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TGS Baltic Estonia is the most attractive employer among law students

Employer branding agency Instar conducted an employer reputation study among 5500 students. Law firm TGS Baltic was voted the most attractive employer by law students.

The top three most sought-after employers for law students included the Supreme Court and the Ministry of Justice. Skype was ranked as the overall most attractive employer in Estonia for the sixth time in a row.

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Spotlight Award Book of Lists 2017/2018 Received by Kochański Zięba & Partners

Kochański Zięba & Partners law firm have received the SPOTLIGHT AWARD BOOK OF LISTS 2017/2018 WARSAW BUSINESS JOURNAL in the category: leading mergers and acquisitions advisory firm. KZP is recognized for exemplary advisory services provided to Redefine Properties Limited, South Africa-based real estate investment trust listed in the Johannesburg stock exchange market, during the acquisition of 75% of shares in Echo Prime Properties B.V. from Echo Investment S.A. The transaction value, the largest in the history of the Polish real estate market, amounted to PLN 5.3 billion.

According to the Jury, Kochański Zięba & Partners have once again demonstrated their expert knowledge of the legal aspects of international mergers and acquisitions as well as displaying an extraordinary knowledge of the commercial real estate market.

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Referral Sources Held to be Protectable Legitimate Business Interests

The Florida Supreme Court ruled last week that referral sources in the home healthcare industry can be protected legitimate business interests under the state law governing non-compete agreements, thus finding enforceable such a restriction on a former marketing employee who left for a competitor.

Although the Florida statute in question (542.335) does not specifically list “referral sources” as one of the five categories of business interests subject to protection, the Court notes that those enumerated categories are prefaced by the phrase “including, but not limited to” thereby finding that the list is not meant to be exhaustive and may necessarily include other interests which may justify enforceability of a non-compete agreement.

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Illinois: Efforts to repeal soda tax continue

There continue to be new developments in the seemingly never-ending fight over Illinois’ newly enacted soda tax, which just took effect on Aug. 2, 2017. The last time we visited this tax, the court had dismissed a lawsuit seeking to have the tax struck down, and the plaintiffs, including the Illinois Retail Merchants Association (IRMA) and several food markets, had filed their notice of appeal.

Since then, Cook County Board of Commissioners President Toni Preckwinkle spearheaded a county lawsuit against those same plaintiffs for $17 million in damages, on the grounds that their legal challenges, which delayed implementation of the tax by eight months, caused the county to lose revenue. On Aug. 8, 2017, she withdrew the suit, and released the following statement: “Now that the Appellate Court has rejected the emergency motion that would again prevent us from collecting the sweetened beverage tax, we believe we should move forward cooperatively and in good faith with the County’s retail industry.”

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