North America

Paid Sick Leave is Coming to Chicago

E. Jason Tremblay

E. Jason Tremblay

On June 22, 2016, the Chicago City Council passed the Chicago Minimum Wage and Paid Sick Leave Ordinance (the Ordinance). Provided the Ordinance is signed into law by Mayor Rahm Emanuel (which is expected), the Ordinance will take effect on July 1, 2017. As discussed more fully below, the Ordinance will allow Chicago employees to accrue up to 40 hours of paid sick leave every 12 months.

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Eight Fogler Rubinoff partners profiled as Leading Practitioners

Eight Fogler Rubinoff partners have been profiled as Leading Practitioners in the 2016 Canadian Legal Lexpert Directory. The 2016 Canadian Legal Lexpert Directory has profiled eight Fogler Rubinoff lawyers as leading practitioners:

Steven A. Cygelfarb – Property Leasing

Milton A. Davis – Professional Liability

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New York City Enacts Law Requiring Gender-Neutral Restrooms

New York City Enacts Law Requiring Gender-Neutral Restrooms On June 28, 2016, New York City Mayor Bill de Blasio signed legislation passed earlier this month by The New York City Council to amend the City’s administrative code, plumbing code and building code to require gender-neutral single-occupant restrooms. The new law applies to businesses and other establishments in the City’s five boroughs with existing single-occupancy, publicly-accessible restrooms. The law does not require businesses to build new single-occupant restrooms, nor does it affect larger restrooms with multiple single-stalls.

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EEOC Targets Religious and National Origin Discrimination Against Individuals Who Are, or Are Perceived to Be, Muslim or Middle Eastern

The EEOC has released several new guidance tools, for both employers and employees, focused upon religious and national origin discrimination against people who are (or are perceived to be) Muslim. This focus on religious and national origin discrimination is particularly important for retail employers because retailers often require employees to follow dress codes or work at times that may conflict with religious observance.

In December 2015, EEOC Chair Jenny Yang released a statement highlighting the need for employers to “remain vigilant” in light of the recent terrorist attacks. Yang commended employers that have “taken steps to issue or re-issue policies preventing harassment, retaliation, and other forms of discrimination in the workplace.”

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Alberta Introduces Ontario-style Participation Fee for Reporting Issuers

The Alberta Securities Commission (“ASC”) announced that it will adopt ASC Rule 13-501 Fees (the “Rule”), which will replace the ASC’s current fee schedule.

The Rule introduces a participation fee model (similar to the model in Ontario) that is based on a reporting issuer’s market capitalization and registration class, which fee must be paid annually upon filing annual financial statements. All TSX Venture Exchange listed companies based in British Columbia are reporting both in BC and Alberta. While the participation fees are lower than in Ontario, they do increase costs for reporting issuers.

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TSX Proposes Amendments to Introduce Website Disclosure Requirements and to Amend Security Based Compensation Disclosure

The Toronto Stock Exchange (“TSX”) recently published proposed amendments to: (i) introduce website disclosure requirements for TSX listed issuers (the “Website Amendments”); and (ii) amend the disclosure requirements regarding security based compensation arrangements (the “SBC Amendments”, and together with the Website Amendments, the “Amendments”) in the TSX Company Manual. The Amendments will be effective upon approval by the Ontario Securities Commission following the public comment period. Comments on the Amendments were initially requested by June 27, 2016. The TSX is extending the comment period to July 15, 2016 as a result of requests from stakeholders.

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Nationwide Preliminary Injunction Ordered Against Persuader Rule

Stop Sign CrosswalkToday, the United States District Court for the Northern District of Texas issued a nationwide preliminary injunction halting the Department of Labor’s (“DOL”) controversial new Persuader Rule and its new Advice Exemption Interpretation, previously discussed here and here.  The Rule and Interpretation marked a dramatic change by requiring public financial disclosure reports concerning payments that employers make in connection with “indirect persuader activities” that were not reportable under the long standing rules, but that would, if the new rule were to take effect, for the first time, be considered reportable as persuader activity.

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Civil Resolution Tribunal launches beta Solution Explorer

The Civil Resolution Tribunal (CRT) has launched the beta version of Solution Explorer, a tool for helping people manage and resolve disputes in BC. For now, Solution Explorer works for strata disputes. Congratulations to Pat Williams and the rest of the CRT team for making this productive public resource a success. Read the CRT’s article to learn more.

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Can advertisers still be content creators?

Even in a world of big data, advertising is, and always has been, focused on creative story telling. From account executives to brand managers, the key players in the advertising world have always sought to push the envelope with clever television ads, compelling print visuals, and catchy banner ad slogans. But in the digital age, the consumer has evolved and so has the manner in which they consume content. They are less likely to flip a page in a print magazine or tune in to a commercial, but rather they consume content through various social platforms and digital apps. Now, audiences expect more than advertising from brands; they are looking for brands to inform, educate, and surprise them in order for them to interact or spend time with the brand’s advertising.

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Court Denies Injunction to Keep Amended Persuader Rule from Taking Effect – Finds DOL Exceeded Authority Under LMRDA

Steven M. Swirsky

Steven M. Swirsky

U.S. District Court Judge Patrick J. Schiltz “has found that aspects” of the Department of Labor’s Amended Persuader Rule “are likely invalid because they require reporting of advice that is exempt from disclosure under Section 203(c)” of the Labor Management Reporting and Disclosure Act (LMRDA).

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