Imitation is the Sincerest Form of Flattery: Borrowing Lessons in Pricing and Metrics

I may be out on vacation this week, but I’m still bringing you some content!

My first session at the P3 conference on Friday was titled “Imitation is the Sincerest Form of Flattery: Borrowing Lessons in Pricing and Metrics from Other Industries.” If you’ve been reading Zen for any length of time, you’ll know that I’m a big fan of looking to other industries for new ideas. And in P3 that’s especially helpful, since we’re not reinventing the wheel here – a lot of the challenges firms face have been seen in some other way somewhere else. 

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Coverall Case Pending in the First Circuit Could Have Major Impact on The Future of the Franchise Industry in Massachusetts

By:  Barry Guryan and Jeff Ruzal

In a highly publicized March 23, 2010 decision, Awuah v. Coverall N. Am., Inc., 707 F.Supp.2d 80 (D. Mass. 2010), U.S. District Judge William Young for the District of Massachusetts rocked the Massachusetts business community by ruling that a group of janitorial franchisees were improperly classified as independent contractors, and that they were instead “employees” of commercial cleaning franchisor Coverall who are entitled to statutory protection under Massachusetts’ Wage laws including, among others, minimum wage, overtime pay, meal breaks and workers’ compensation.

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ILN Today Post

Important Modifications to Offshore Voluntary Disclosure Program

The Internal Revenue Service (the “IRS”) just recently announced modifications to the current Offshore Voluntary Disclosure Program and the Streamlined Filing Compliance Procedures (the “Streamlined Program”) for US taxpayers with foreign tax compliance issues, including undeclared foreign bank accounts. More…

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Week of June 30, 2014 on ILNToday – A Roundup!

Here in the US, tomorrow is our Fourth of July holiday, so I’m bringing you our top posts for the week a day early! I’ll also be out of the office on holidays all week, so while I have content scheduled for you all, we’ll be back with our roundups the following Friday!

So before you head out for the weekend, take a look at our top posts for this week!

 

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OSHA and NLRB Agreement Opens New Door To Whistleblower Claims

On Epstein Becker Green’s OSHA Law Update blog, Eric Conn reviews the agreement between the NLRB and OSHA, which allows employees to file out-of-date safety related whistleblower claims to be filed with the NLRB.

Following is an excerpt from the blog post:

On May 21, 2014, the National Labor Relations Board (NLRB) published a memorandum discussing a new agreement between NLRB and OSHA regarding a backdoor route for employees to file safety related whistleblower claims that are too stale to be filed with OSHA. The NLRB memo directs OSHA representatives to “notify all complainants who file an untimely [OSHA] whistleblower charge of their right to file a charge with the NLRB.” As a result of this agreement, employers should expect an increase in the number of unfair labor practice claims filed by employees alleging retaliation for protected safety related whistleblower activity.

To access the full blog post, please click here.

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OSHA and NLRB Create Loophole for Stale Safety Whistleblower Claims

By Eric J. Conn — Chair, EBG’s national OSHA Practice Group

On May 21, 2014, the National Labor Relations Board (NLRB) published a memorandum discussing a new agreement between NLRB and OSHA regarding a backdoor route for employees to file safety related whistleblower claims that are too stale to be filed with OSHA.  The NLRB memo directs OSHA representatives to “notify all complainants who file an untimely [OSHA] whistleblower charge of their right to file a charge with the NLRB.”  As a result of this agreement, employers should expect an increase in the number of unfair labor practice claims filed by employees alleging retaliation for protected safety related whistleblower activity.

Section 11(c) of the Occupational Safety and Health Act of 1970 (Section 11(c)) requires employees to file complaints alleging retaliation for protected safety related whistleblower activities within thirty days of the triggering adverse employment action.  The Assistant Secretary of Labor for OSHA, Dr. David Michaels, recently testified before the Senate, Labor and Pensions Subcommittee on Employee and Workplace Safety about OSHA’s whistleblower program.  One of the key points of his testimony was that between 300 and 600 Section 11(c) complaints per year (roughly 10%) were filed beyond the 30-day deadline.  Dr. Michaels added that at least 100 of these complaints barely missed the deadline — by less than a month.

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Dying without a will – the hard facts

‘I really must get around to writing a will!’  I have heard that refrain from several wealthy individuals recently and it’s often easy to assume that everyone who should have a will knows that and has one.  But such assumptions are dangerous.

I am constantly surprised by who doesn’t have a will.  However, the surprise works both ways because those who haven’t made a will are usually amazed to learn from me how the intestacy rules will operate on their death if they don’t make one.
Time for a quick refresher, then, on some of the more challenging aspects of the UK’s intestacy rules.  These rules can apply to English domiciled individuals in respect of all their assets or non UK domiciled individuals in respect of their UK real estate:

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Landbrugslov

I Aftale om Vækstplan for Fødevarer, som regeringen og de borgerlige partier indgik i april, blev det besluttet at lempe landbrugslovens erhvervelsesregler yderligere.

Som en direkte følge af Aftalen om Vækstplan for Fødevarer har Ministeriet for Fødevarer, Landbrug og Fiskeri den 3. juli 2014 udsendt et høringsudkast til lov om ændring af lov om landbrugsejendomme. De væsentligste lempelser, som foreslås, er:

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What employers need know about the Wal-Mart case

Last Friday’s judgment by the Supreme Court in the Wal-Mart case (United Food and Commercial Workers, Local 503 v.Wal-Mart Canada Corp., 2014 SCC 45) has triggered lots of discussion in the media that generally does not provide either an accurate or complete picture of how the decision affects employers. In this newsletter, we hope to fill that gap.

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BC Court Enforces $4.5 Million SEC Disgorgement Judgment

In dismissing an appeal from a order enforcing a United States judgment, the British Columbia Court of Appeal held that it was the character of the foreign judgment that governed whether it was enforceable, not the way in which the parties responded to it. 

On August 18, 2011, the United States District Court for the Southern District of New York (“US Court”) rendered a judgment against William Peever and Phillip Curtis.  The judgment was for injunctive relief and the disgorgement of profits derived from illegal price manipulation of stock of American corporations.  The suit was advanced by the United States Securities and Exchange Commission (“SEC”).
 
Peever and Curtis consented to the injunction, admitted liability and did not contest the quantum of the judgment.  They were ordered by the US Court to pay the sum of $4,506,535.66 into court.
 
The SEC brought an action in British Columbia to ask the court of that province to recognize and enforce the judgment.  Peever and Curtis resisted the enforcement proceedings on the basis that the judgment was penal or public in nature, a recognized exception to the enforcement of foreign judgments in Canada.  Notwithstanding such argument, a BC trial judge held that the judgment of the US Court should be recognized and enforced.  Peever and Curtis appealed from that decision to the British Columbia Court of Appeal.
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