Monthly Archives: August 2012

ILN Today Post

Landmark Receivership and Mortgages Case (13.8.2012)

Joe O’Meara, Partner, Holmes O’Malley Sexton, recently acted for the receiver in the High Court case McEnery v Sheahan. This is the most recent in a series of cases including Start Mortgages, Kavanagh v Lynch and EBS v Gillespie, dealing with the impact of the repeal of certain legislative provisions by the Land & Conveyancing Law Reform Act 2009 (the “2009 Act”).

Mr Justice Feeney delivered a decision in respect of the ri…

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Special Immigration Alert: Continue to Use Current Form I-9

On August 13, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) announced that employers should continue to use the Form I-9 currently available on the government website until further notice. The form can be found at www.uscis.gov in the “Forms” section.

Employers must complete the Form I-9 for all newly hired employees to verify their identity and U.S. work authorization. Under the applicable rules, employers must use the Form I-9 that is currently authorized for use or else face fines or other penalties. Although the current form is authorized for use only until August 31, 2012, the government has not issued a new or replacement form. Thus, the USCIS announced that employers should continue using the current Form I-9 until further notice.

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"Tax Tips: IRS paying more attention to use of temporary staffing," by Carl Grassi published in Crain’s Cleveland Business

In today’s environment, many businesses are reluctant to hire full-time employees and instead look to temporary workers to provide needed services.

The Ohio Department of Taxation increasingly has scrutinized these types of transactions for purposes of determining whether sales tax should have been assessed and collected on the fee paid for the temporary workers.

When Ohio sales tax is unexpectedly imposed, the amount can be significant since it is based on the full “price” the agency charges the business, without any deduction for the compensation paid to the worker. 

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Special Immigration Alert: Continue to Use Current Form I-9

On August 13, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) announced that employers should continue to use the Form I-9 currently available on the government website until further notice. The form can be found at www.uscis.gov in the “Forms” section.

Employers must complete the Form I-9 for all newly hired employees to verify their identity and U.S. work authorization. Under the applicable rules, employers must use the Form I-9 that is currently authorized for use or else face fines or other penalties. Although the current form is authorized for use only until August 31, 2012, the government has not issued a new or replacement form. Thus, the USCIS announced that employers should continue using the current Form I-9 until further notice.

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Jason Tremblay speaks at Hanover Insurance Group’s 4th Annual Management Liability Symposium

Arnstein & Lehr Attorney Jason Tremblay

Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay spoke on August 8 at the Hanover Insurance Group 4th Annual Management Liability Symposium, which took place at the JW Marriott hotel in Chicago, Illinois on August 7 and 8. Mr. Tremblay’s presentation, titled “EPL Update” covered various employment practices liability issues, such as ADA changes, wage and hour updates, and age discrimination updates.

To read the conference schedule in full, click here.

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Determining a spouse’s entitlement under a Wills Variation Act (“WVA”) claim

In 1994, the Supreme Court of Canada set out the principles to be applied in British Columbia to the WVA. The Court held that there were two interests protected by the WVA: (1) the adequate, just and equitable provision for the spouses and children of testators covered by the WVA; and (2) testamentary autonomy of the testator. The Court held:

The Act did not remove the right of the legal owner of property to dispose of it upon death.  Rather, it limited that right.  The absolute testamentary autonomy of the 19th century was required to yield to the interests of spouses and children to the extent, and only to the extent, that this was necessary to provide the latter with what was “adequate, just and equitable in the circumstances.” 

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Claimant Beware

A personal representative (either an executor or an administrator) is in charge of identifying, protecting and distributing a deceased’s estate. That includes determining the deceased’s liabilities through court searches and publishing notices, and then reviewing the claims made by creditors.

When reviewing a claim, the representative has the option of accepting and paying the claim if they believe it is valid. They also can reject or dispute a claim.  When that happens, the personal representative can give notice to the claimant under s. 66 of the Estate Administration Act (“EAA”). This notice starts a six month limitation period after which the claimant can no longer sue to enforce their claim. However, the six month limitation period does not apply where the claimant is a beneficiary and is claiming in their capacity as a beneficiary.

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ILN Today Post

XII Lawyer’s Motorcycle Rally – Warsaw – Ljubljana – Warsaw

Motorbike enthusiasts, lawyers and members of Rajlawenpis Motorcycle Club set off, for the twelfth time , to conquer yet another European capital. After Lvov, Grodno, Vilnius, Brussels, Rome, Zagreb, Bucharest, Prague, Vienna and Berlin, this year they have chosen Ljubljana as their destination.

Traditionally this event is organized by the law firm Kochański Zięba Rapala & Partners, and the chief patron of the expedition is Piotr Kochański. Over 30 people have announced their participation, and the  rally’s route goes through Cieszyn and Bratislava. Numerous attractions await them: 1079 km of European roads, beautiful landscapes, and above all people who like and appreciate each other and who share a common passion.

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New Illinois Law Bars Employers from Requesting Social Media Passwords

by: Paul Burmeister and Zach Jackson

Over the past couple of years, this blog has discussed some of the new issues that employers should consider in connection with social media in the work place.  (For example, see http://www.employerdefenselaw.com/legislation/should-employers-and-facebook-be-friends/ ).  A recent development in Illinois gives employers yet one more issue to consider on that front.

On August 1, 2012, Illinois Governor Pat Quinn signed a law which prevents employers from requesting or requiring employees or job applicants to provide social media passwords.  The law amends Illinois’ Right to Privacy in the Workplace Act (820 ILCS 55/10) and becomes effective on January 1, 2013.  Despite the new law’s prohibition on employers accessing employees’ or applicants’ password-protected social media accounts, the law does not prevent employers from:

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ILN Today Post

Getting your service charge demands correct

As owners of residential properties will be aware, the Landlord and Tenant Act 1987 states that any written demands for service charge must contain “the name and address of the landlord”. A recent decision of the Upper Tribunal (Lands Chamber) may well be important to them.

In that case the service charge demand contained the name of the landlord but gave the address of the landlord’s managing agents. That situation may well be common. Managing agents normally run service charge funds and whilst demands may be sent in the landlord’s name, the agent’s address would be used. More…

 

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