On August 30, 2014, the California Legislature approved AB 1522, the Healthy Workplaces, Healthy Families Act of 2014, which guarantees the vast majority of employees in California at least three days of paid sick leave per year. On the same day, Governor Jerry Brown issued astatement signaling his intent to sign the bill into law. Below are just some of the new law’s features which will take effect on July 1, 2015: More…
Dr. Andrzej Malec, Partner at Kochański Zięba Rapala & Partners, has been appointed to be the new Rector at WSAP in Białystok
On September 5, 2014, Dr. Andrzej Malec assumed the post of Rector at the Stanislaw Staszic College of Public Administration in Bialystok. The task of the new Rector will encompass restructuring the college: adjusting to new market challenges and the strengthening of its business profile. The College will renew relationships with business associations, including law firms, so as to ensure that the education of students is best tailored to market requirements. This will be of huge benefit to students who shall be better prepared in their efforts of seeking employment or with a view to commencing their own business, as well as for business associations that will receive a labor force which is qualified in accordance with their needs. More…
As more states legalize marijuana for medical or recreational use, budding entrepreneurs believe they will get rich from marijuana businesses that comply with the laws of a particular state (so-called “legal marijuana businesses”). They see opportunities to grow marijuana, to own marijuana dispensaries, and to manufacture and sell marijuana-related products. Investors and financiers envision huge returns on capital. Vendors and professionals, including lawyers and bankers, see new markets for their products and services. It is a modern day (Acapulco) gold rush. It is also a smoke screen.
The unrelenting wave of wage and hour suits continues to roll through the high-tech industry.
On July 21, 2014, in Felczer v. Apple Inc., Judge Ronald S. Prager of the Superior Court of California granted class certification as to a class of approximately 21,000 current and former Apple retail and corporate employees on claims alleging Apple failed to provide timely meal and rest breaks as required under California Law. The California Labor Code, with a few exceptions, requires employers to provide non-exempt employees with 30-minute unpaid and duty-free meal breaks for every five hours worked. Additionally, employers must authorize and permit all non-exempt employees to take paid rest periods for a duration of 10 minutes for every four hours worked. The penalty for failing to provide statutory meal and rest periods is a one-hour meal period premium for each employee for each missed meal or rest period, at his or her regular hourly rate of pay.
Reprinted blog post from DocuSign. Interview between Jennifer Royer of DocuSign and Dave Schoolcraft. In under two weeks, Covered Entities and Business Associates are required to complete renewed Business Associate Agreements (BAA) to comply with more stringent HIPAA regulations for BAAs that were in place prior to January 2013. We sat down with Dave Schoolcraft, who leads […]
The post BAAs and Beyond: Meeting the 9-22 HIPAA Deadline appeared first on OMW Health Law.
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On September 11, 2014, the Canadian Securities Administrators (CSA) announced that they intend to publish for comment a new harmonized regulatory proposal to Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids and Ontario Securities Commission Rule 62-504 Take-Over Bids and Issuer Bids (for Ontario) (collectively, the Proposed Bid Amendments).
A family member or friend has died and you are named as the executor and trustee under their will. You are flattered and honored, but you’ve never acted in this capacity before and you’re unsure of what exactly it means. One key thing you should be aware of is that, if you take the role, the law considers you to be a fiduciary –meaning your conduct will be held to high standards developed by the courts over many centuries.
The hallmarks of a fiduciary relationship, as summarized by the Supreme Court of Canada, are as follows:
- The fiduciary has scope for the exercise of some discretion or power.
- The fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interests.
- The beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.
Efficiency, customer preference, speed to contract finalisation, and significant cost savings are all benefits of paperless contracts. Are there restrictions?
The legal authority that paper is no longer required derives from Commonwealth legislation called the Electronic Transactions Act 1999. Each state and territory has passed similar legislation. More…
A recent decision of the Fair Work Commission (FWC) has found that, in an effort to comply with work health and safety obligations, an employer is entitled to direct an employee, returning to work after an injury, to undergo additional medical assessment beyond what is contemplated in the employment contract or enterprise agreement.
A boilermaker at a mine suffered an initial workplace injury to his shoulder. He subsequently reinjured his shoulder outside of work, underwent surgery and was off work for eight months. The employee provided his employer with medical certificates which did not specify his medical condition and stated that he was fit to return to his pre-injury duties. Concerned with satisfying its obligation under the Coal Mining Safety and Health Act 1999 (Qld) (Coal Act) to ensure workplace health and safety, the employer directed the employee to attend its nominated medical specialist for a functional assessment and put the employee on paid leave for the duration of this process. More…
Swedish lawyer Jan E. Frydman analyzes the background for the on-going negotiations between the EU and the United States to create a transatlantic partnership on trade and investment (Trans-Atlantic Trade and Investment Partnership, or “T-TIP”), focusing on the challenge of regulatory convergence.