Time To Check That Your Employment Notices Are Properly Posted – EEOC Raises Fines For Notice Posting Violations

The EEOC announced a rule change that will more than double the maximum fine for violating Title VII, the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA)  notice posting requirements. Under the new rule, which is projected to become effective the first week of July, employers will face a maximum penalty of $525 per violation — up from $210.

While most retailers undoubtedly know they must have notices, where the notices are posted matters. The regulations require that they be in a prominent and accessible place where notices to employees and applicants are customarily maintained. For retailers in tight spaces this might prove challenging.  To avoid being dinged, however, it will pay to double check that the notices are not properly displayed and relegated to a storage closet door or obscured by stacked boxes.

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Government Proposes Shake-up of Insolvency Regime

The UK Government has launched a consultation over proposed changes to the UK insolvency regime.

The consultation looks at four broad areas for reform to improve the efficiency of the rescue and restructuring tools available to companies in the UK, which are:

  • introducing a moratorium for distressed businesses to benefit from protection against legal action while considering their options for rescue,
  • widening the definition of essential supplies, with appropriate safeguards for suppliers, to assist distressed businesses,
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FDA Rule Providing Generic Manufacturers with the Ability to Unilaterally Update Safety Labels May be Abandoned

On May 19th, the FDA again postponed publication of the Final Rule entitled, “Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products” to April 2017 (the “Final Rule”).  On May 19th, the House of Representatives Committee on Appropriations approved the 2017 Agriculture Appropriations bill, which includes provisions within Section 747 expressly defunding any efforts by the FDA to enact the rule. The Notice of Proposed Rule-Making (“NPRM”) was originally published in November 2013 to provide generic drug and biologics manufacturers with the ability to update safety information on their labels independently of the brand manufacturer.

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Rainmaking Recommendation from Jaimie Field: It’s Up To You

I’m a day late with this, but things are underway here in Boston with our Annual Conference, so I’m busily running around the hotel and the city with my lawyers over the next few days. But better late than never, right? So here is Jaimie Field‘s latest Rainmaking Recommendation for you! (And it’s one I really want my lawyers to be reading, because it underscores the message I’m going to be giving during my presentation tomorrow).

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Seventh Circuit Court of Appeals Sides with NLRB on Class Action Waivers and Mandatory Arbitration

Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the retail industry: “Federal Appeals Court Sides with NLRB – Holds Arbitration Agreement and Class Action Waiver Violates Employee Rights and Unenforceable.

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ILN Today Post

Howard & Howard expands Royal Oak Office

Royal Oak, Michigan, June 2, 2016:  Howard & Howard Attorneys PLLC is pleased to announce that Paul S. Mazzola has joined the firm.  He will practice out of the firms Royal Oak Office.

Paul concentrates his practice in all aspects of domestic and international patent prosecution in the electromechanical arts. He has experience preparing utility and design applications, responses to Office actions, and patentability and non-infringement opinions.  He has assisted clients in relation to technologies including automotive components and systems, medical devices, consumer devices and electronics, psychometric testing methods, agricultural implements, warewashing systems, and refrigeration technologies.

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ILN Today Post

Clarification by CBDT on taxability of income arising out of transfer of shares

The Central Board of Direct Taxes (“CBDT”) with the objective to reduce litigation and to maintain consistency in approach on the issue of treatment of income derived from transfer of shares and securities, has issued circular no. 6/2016 dated February 29, 2016 (“Circular”), and a follow up letter no. F.No.225/12/2016/ITA.II dated May 2, 2016, (“the CBDT Letter”).

Taxability of surplus generated from sale of listed shares or other securities

A majority of transactions in shares and securities take place in respect of listed shares and securities. Therefore, CBDT has instructed the Assessing Officers, vide its Circular, to consider the following principles for determination whether the surplus generated from sale of listed shares or other securities would be treated as capital gain or business income:

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Trust in Advertising: The Buyer’s Perspective

Digital media has opened up exciting new worlds for the advertising industry. It has given advertisers the ability to reach audiences in new places, on new devices, in more engaging ways, and in more targeted fashion than ever before. No doubt about it: these are all good things.

But the advent of digital media has also given the industry a whole new set of concerns about trust. This is a topic I’ve been talking about a lot lately, and for good reason. The advertising industry simply isn’t viable without trust.

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ILN Today Post

CONFAZ – Convênio ICMS 31/2016 – Benefícios Fiscais – Possibilidade de Redução

Tem sido cada vez mais comum a publicação de notícias retratando o constante aumento do nível de endividamento dos Governos de alguns Estados da Federação que, não conseguindo equilibrar as suas contas, têm buscado socorro ao Governo Federal.

E neste contexto de crise, no dia 13 de abril, foi publicado o Convênio ICMS 31, por meio do qual o Conselho Nacional de Política Fazendária – CONFAZ autorizou os “Estados e o Distrito Federal a criar condição para a fruição de incentivos e benefícios fiscais, financeiro-fiscais, financeiros e dos regimes especiais de apuração que resultem em redução do valor ICMS a ser pago, inclusive dos que ainda vierem a ser concedidos.”

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ILN Today Post

Contribuição Previdenciária sobre os valores pagos às cooperativas

Em Resolução SF Nº 10 DE 30.03.2016, o Senado Federal suspendeu a execução do inciso IV do artigo 22 da Lei nº 8.212/91 que estabelecia a contribuição previdenciária de 15% sobre o valor de serviços prestados por cooperativas de trabalho. A resolução faz referência à declaratória de inconstitucionalidade dessa contribuição pelo STF em decisão definitiva e confirma por via legislativa o fundamento jurídico para a restituição sobre os pagamentos realizados.

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