Monthly Archives: October 2011

National Restaurant Chain Seeks Guidance from U.S. Supreme Court on Tip Credit

By:  Ana S. Salper

With the recent surge in class action wage and hour lawsuits, hospitality employers have developed a heightened sensitivity to tip pooling arrangements, distributions of service charges to employees, and application of the “tip credit.” A case before the U.S. Supreme Court this month, Applebee’s International Inc. v. Gerald A. Fast et al., is likely to add further fuel to the fiery “tip credit” world,  as the high court will have to decide whether tipped employees should be paid minimum wage for nontipped tasks employees perform.

Under the Fair Labor Standards Act (“FLSA”), tipped employees can be paid below minimum wage – as low as $2.13 per hour – so long as employees earn enough tips to reach the minimum wage (which is $7.25 under federal law, although state minimum wages may be higher).  In the case pending before the high court, Applebee’s is asking the Court to decide whether employers can use the tip credit to pay tipped employees — namely, waiters and bartenders — below minimum wage even if they spend more than 20 percent of their time performing nontipped tasks. Applebee’s is challenging a U.S. Department of Labor (“DOL”) rule that requires an employer to pay a tipped employee the regular minimum wage if they spend more than 20% of their work time in a given week performing non-tipped duties. 

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Jerold I. Schneider provides commentary on America Invents Act for Daily Business Review

Arnstein & Lehr Attorney Jerold I. Schneider

Jerold I. Schneider

West Palm Beach Partner Jerold I. Schneider wrote an article entitled “America invests, but who benefits from new patent law?” for the Intellectual Property Special Report appearing in the October 11 issue of the Daily Business Review.  In his article, Mr. Schneider outlines how the America Invents Act now allows profits to go to the first to file for a patent rather than the first to invent the idea.  Now, someone who files for a patent is protected from legal action from the person or company who had the idea first but filed second.  To read Mr. Schneider’s commentary, please click here. The Daily Business Review is the primary source of legal, real estate and financial information for South Florida lawyers and business professionals who engage in deal making, client development and business negotiations.

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Tip for Tuesday – Be Careful with Customer Service

I’m back with another tip for Tuesday!

Today’s tip is brought to you by a rather frustrating customer service experience I’m having, which is further impacted by social media.

The ILN normally gives a small gift to our delegates when they’re attending a conference, as a memento of the city that they’re visiting (we like to give them the warm fuzzies about our group!).  This morning, I’m attempting to order this memento for our next conference, and ran into the snag that they only allow you to order 15 of them.

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ILN Today Post

Top Ten Questions Answered on Bahamas-Based Investment Funds

1. Do the laws of The Bahamas require investment funds to be regulated?

A fund which satisfies the definition of an investment fund under the Investment Funds Act, 2003 (the “IFA”) shall not carry on or attempt to carry on business unless it licensed or registered under the IFA. A regulated investment fund is therefore one which is licensed or registered under the IFA.

2. Who is responsible for the regulation and administration of the IFA and of investment funds?

The Securities Commission of The Bahamas (the “Commission”) is responsible for regulating investment funds and for maintaining a general review of the operations of investment funds and parties related to investment funds in The Bahamas.

For the full article, please click here.


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ILN Today Post

Update on the Australian Charities and Not-For-Profits Commission

On 24 October 2011, the Australian Charities and Not-for-Profits Commission (ACNC) Implementation Taskforce launched a new website including updates on the reform process.  In the May 2011 announcements for the 2011-12 Federal Budget, it was announced that the ACNC would be established to operate from 1 July 2012.  A newsletter was also recently released by Treasury (click here to view) showing a timeline of the reforms announced. read more

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Andra Rubene and Ivars Grunte on further increase in M&A deal numbers in Latvia on commercially reasonable terms, “RigaNOW!”

In October 2011 issue No 95 Ivars Grunte, partner of TARK GRUNTE SUTKIENE and Andra Rubene, senior associate of TARK GRUNTE SUTKIENE, share their opinion on further increase of M&A deal numbers in Latvia on commercially reasonable terms.

Click here to read the publication.


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ILN-terviews: Marc Udink, Udink & De Jong

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose longtime ILN member and Director, Marc Udink of our member firm Udink & De Jong in the Hague, the Netherlands.

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ILN Today Post

Home Building Amendment Bill – change is on the horizon

For many years the Office of Fair Trading has been promising a rewrite of the Home Building Act (Act).  Now the New South Wales Government has passed the Home Building Amendment Bill.  read more


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ILN Today Post

Zhong Lun Legal Updates – People’s Republic of China

In this issue:

SPC Promulgates Provisions on Application of Enterprise Bankruptcy Law

SIPO Seeks Public Comments for Amendment to Measures for Compulsory License of Patent Exploitation

CSRC Releases Trial Working Rules for Expert Advisory Committee for ChiNext Board

MLR Seeks Public Comments for Measures on Administration of Land Valuation

SAT Releases Announcement on Business Tax Issues Relating to Asset Reorganization of Taxpayers

SAIC Issues Administrative Measures on Registration of Sole Proprietors

SPC Publishes Minutes of Seminar on Evidence-related Issues in Trials of Securities Administrative Punishment Cases

SASAC Releases Notice on Matters Related to State-owned Equity Swaps in Centrally Administered Enterprises

SPC Regulates Entrustment of Relevant Institutions with Appraisal and Auction Matters


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ILN Today Post

Fair Work Ombudsman targets retirement villages and aged care providers

The Fair Work Ombudsman has today issued a media release highlighting recent examples of non-compliance with Federal workplace laws by employers in the retirement village and aged care industry.  read more

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