Monthly Archives: November 2011

ILN Today Post

Jason E. Tremblay quoted in Workforce.com article on employee misclassification issues

Arnstein & Lehr Attorney Jason E. Tremblay

Jason E. Tremblay

Chicago Partner Jason E. Tremblay was quoted in a November 21 article on Workforce.com regarding employee misclassification issues. The article,  “New Law Sinks Teeth into Misclassification of Workers,” discusses a new California law that targets misclassification of workers and provides fines on employers who misclassify workers as independent contractors.

To view the article in full, please click here.

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Robert E. McKenzie writes article on IRS collection procedures for Forbes

Arnstein & Lehr Attorney Robert E. McKenzie

Robert E. McKenzie

Chicago Partner Robert E. McKenzie has written an article titled “IRS Collection procedures” that appeared in the November 20 edition of Forbes. In the article, Robert explains that the IRS makes extensive use of computers and uses a four-level system to collect delinquent taxes.

To view the article in full, please click here.

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Steven Daniels offers real estate advice in multiple issues of HOAleader.com

Arnstein & Lehr Attorney Steven L. Daniels

Steven L. Daniels

West Palm Beach Partner Steven L. Daniels has been quoted in several of the October 2011 articles in www.HOAleader.com, a resource for homeowner associations and condo board members nationwide. In the articles, Steve provides his expertise in real estate law, landlord/tenant matters, condominium/community association law, and zoning.

To view the articles in full, please click here.

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Stage 2 Meaningful Use – Delayed to 2014

In an attempt to encourage earlier participation in the EHR Incentive Programs, HHS announced today a delay in the requirement to meet the Stage 2 meaningful use measures until 2014.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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FTC ENDORSES NEW PRIVACY SYSTEM FOR THE UNITED STATES AND ASIA-PACIFIC REGION REGARDING CROSS-BORDER DATA TRANSFERS

Cross-border data transfers have become increasingly complex over the years as different countries and regions enforce privacy laws and practices that vary from those in the United States.

NEW APEC SELF-REGULATORY PRIVACY INITIATIVE

With the hope of easing the burden on U.S. businesses, the Federal Trade Commission (FTC) this month endorsed a new program by the Asia-Pacific Economic Cooperation (APEC) to unify cross-border data privacy protection among members of APEC. APEC is a forum for 21 member Pacific Rim countries (member economies) which seeks to promote free trade and economic cooperation throughout the Asia- Pacific region. In light of a continual increase in the amount of consumer information moving across national borders, APEC’s program is designed to enhance the protection of consumer data that flows between the United States and other APEC member economies. The FTC and the Department of Commerce assisted in the development of the new APEC privacy program.

For the full alert, please click here.

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Ivars Grunte attended CCBE Plenary session as the Head of Latvian delegation

Founded in 1960, The Council of Bars and Law Societies of Europe (CCBE) is the representative organisation of more than million European lawyers through its member bars and law societies from 31 full member countries, and 11 further observer countries.

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Reminder to New York Employers: Annual Notices Under the Wage Theft Prevention Act Must Be Distributed Between January 1 and February 1, 2012

by William J. Milani, Jeffrey M. Landes, Susan Gross Sholinsky, and Jennifer A. Goldman

For the first time, in 2012, New York employers must provide all New York employees with an annual notice and acknowledgment of pay rate and pay date (“Notice”) pursuant to the Wage Theft Prevention Act (“WTPA”), which amended the New York State Labor Law (“Labor Law”), effective April 9, 2011.

As we previously reported (see Act Now Advisory “Governor Paterson Signs Overhaul of New York State Labor Law” (Dec. 15, 2010), and Act Now Advisory “They’re Here – New York State Department of Labor Issues Updated 195.1 Templates and WTPA Frequently Asked Questions” (April 4, 2011)), the WTPA requires employers to provide their newly hired employees with Notices. Employers must also provide New York employees with written notice of certain changes in their wage rate and/or pay dates. In addition, the requirement that New York employers must provide Notices to all employees, annually, between January 1 and February 1 of each year, first becomes applicable in 2012.

Read the full advisory online

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Kids Charity of Tampa Bay to Benefit from Local Businesses’ Annual Holiday Toy Drive

FOR IMMEDIATE RELEASE

Kids Charity of Tampa Bay to Benefit from Local Businesses’ Annual Holiday Toy Drive
Arnstein & Lehr, Cadence Bank and Lazydays Tampa team for third year to bring holidays to underpriviledged children

Kids Charity of Tampa Bay to Benefit from Local Businesses’ Annual Holiday Toy DriveNov. 28, 2011, Tampa, Fla. – Arnstein & Lehr LLP is pleased to announce that it has joined forces with Cadence Bank and Lazydays Tampa for the third annual holiday toy drive to benefit Kids Charity of Tampa Bay. Members of the community are invited to bring new, unwrapped toys to a number of Tampa-area locations between November 21 and December 17, 2011.

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What does "similarly situated" mean anyway?

When we talk with employers, we tell them again and again that one of the best defenses to discrimination claims is to treat similarly situated employees the same.  But what does that mean?  When are employees similarly situated?  A recent discrimination case provides a good illustration of the concept.

In Hodczak v. Latrobe Specialty Steel Co., four employees in their late 50s and early 60s sued their employer for age discrimination after their employment was terminated.  According to the employer, it terminated the employees’ employment because they regularly exchanged emails containing sexually explicit photographs – i.e., porn – in violation of the company’s Electronic Communications Policy.  The employer discovered the porn exchange while it was investigating a sexual harassment complaint against one of the terminated employees.

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Social Finance in Australia: Finding funding for the not-for-profit sector

On 25 November 2011, the Senate Economics References Committee released its report (Report) on its recent inquiry into the mechanisms and options for the development of financial products and services for not-for-profit organisations.  The issues considered in the report have the potential to trigger alternative financing arrangements for charities and not-for-profit organisations and create a framework for social investment through mechanisms such as social impact bonds. read more

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