Monthly Archives: December 2012

New FMLA Forms for an Employee’s Own Serious Health Condition

The U.S. Department of Labor has updated its Family and Medical Leave Act (“FMLA”) forms.  The forms are not required but they are good resources to use since they include all of the information required by the FMLA.  Additional information and additional forms or notices may be required, however, for state and local leave.  The […]

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

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EBG to Speak at 2013 National Labor & Management Conference Concerning the Affordable Care Act

Frank C. Morris, Jr., Member of the Firm in the Litigation, Labor and Employment, and Employee Benefits practices is speaking at the 36th Annual National Labor & Management Conference on the topic of the Affordable Care Act and associated compliance issues facing employers and health and welfare funds.

The National Labor and Management Conference is recognized as one of the most outstanding labor and management programs in the United States, promoting discussion and collaboration on many levels. The program annually unites a diversity of labor and management leaders from across the country to address key issues affecting both labor and management.

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ILN Today Post

HC Newsletter – Inside the Chamber December 2012

As we come to the close of 2012, we take time to reflect on the past year. A year that for most was extremely difficult. The continued depressed state of the economy, crime and the fear of crime in our beloved country and the many social ills that continue to plague our nation have caused us to wonder if things will get better! We remember those who have departed this earth and those who are ill, the homeless and persons who can’t find food to feed their families. We think about the unrest in other nations and indeed the recent massacre in Connecticut. Celebrating and rejoicing seem to be the furthest things from ones mind!! More…

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Waivers and Releases of Massachusetts Wage Claims

By Evan J. Spelfogel

On December 17, 2012, in Crocker v Townsend Oil, the Massachusetts Supreme Judicial Court invalidated a settlement agreement, waiver and release to the extent it purported to release claims under the Massachusetts Wage and Hour Laws, but did not expressly include that statute by name among the claims being released. Specifically, the Court held:

We…conclude that a settlement or contract termination agreement by an employee that includes a general release, purporting to release all possible existing claims will be enforceable as to the statutorily provided rights and remedies conferred by the Wage Act only if such an agreement is stated in clear and unmistakable terms.  In other words, the release must be plainly worded and understandable to the average individual, and it must specifically refer to the rights and claims under the Wage Act that the employee is waiving.  Such express language will ensure that employees do not unwittingly waive their rights under the Wage Act.  At the same time, this course preserves our policy regarding the broad enforceability of releases by establishing a relatively narrow channel through which waiver of Wage Act claims can be accomplished.

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Rainmaking Recommendation from Jaimie Field: How to Get There

Today’s recommendation from Jaimie Field comes at the perfect time, just as we’re all assessing our year and putting together our goals and plans for 2013.

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In Rainmaking Recommendation #67 – Conduct your own Attorney Review you were asked to look back at where you have been.

In Rainmaking Recommendation #69 – Dream Big you were asked to determine where you want to go.

Rainmaking Recommendation #70 is about how to get there.

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ILN-terviews: Tor Erlend Framstad, Okland & Co DA

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 ILN member, Tor Erlend Framstad of our member firm, Okland & Co DA in Norway!

In one sentence, how would you describe your practice?
My practice is related to real estate and companies, but Lawfirm Økland & Co DA provides service in almost all private and commercial areas of law.

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Energy Law newsletter, December 2012

Imbi JürgenLinda ŠtrauseVilius BernatonisMāra StabulnieceRamūnas Švenčionis

Newsletter PDF 

Dear Reader,

You are reading the first Baltic Energy Law Newsletter of TARK GRUNTE SUTKIENE. This publication gives you an overview of the latest and most important energy-related legislative updates in Estonia, Latvia and Lithuania and introduces the highlights of our recent experience in the energy sector.

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The New Test for Capacity to make an Enduring Power of Attorney

BC’s new Power of Attorney Act (the “Act”), which came into effect on September 1, 2011, brought with it a number of changes relating to the “enduring power of attorney”, which is a type of power of attorney that continues to be valid after the person giving the power becomes incapable of managing his or her own affairs.

One of the changes in the new Act relates to the required capacity of the person giving the power (the “Grantor”) at the time the enduring power of attorney is made. In order to make a valid enduring power of attorney, the Grantor must understand the nature and consequences of the power of attorney. The Act provides that a Grantor does not understand the nature and consequences of an enduring power of attorney if they cannot understand all of the following:

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New Requirements for Provider-Based Clinics

A reminder to all licensed hospitals operating “provider-based clinics,” “off campus,”: the Washington State legislature during its 2012 session enacted HB 2582 requiring provider-based clinics to comply with certain new and additional requirements.  This bill goes into effect January 1, 2013.  This bill was intended to ensure that patients were informed about the cost of […]

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

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ILN Today Post

Does an insurance policy mean what it says?

Bank of Queensland Limited v Chartis Australia Insurance Limited [2012] QSC 319

A recent Queensland decision[1] demonstrates when a court may overlook the seemingly plain meaning of a particular clause to avoid an unbusinesslike interpretation.  In this instance, an exclusion clause was held to apply to defence costs despite the clause making no reference to them.

ASIC takes aim

In 2010 the Australian Securities and Investments Commission (ASIC) instigated proceedings (Barry Doyle and Deanna Doyle as applicants) against the Bank of Queensland (BoQ) in relation to a number of home loan contracts and a mortgage.  An amended statement of claim filed in March 2012 sought declarations (namely that BoQ engaged in conduct that was unconscionable) and damages. More…

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