Monthly Archives: February 2013

Special Immigration Alert: The Effect of Sequestration on Immigration

Unless Congress acts quickly, the Budget Control Act, including those sections that mandate the budget cuts known as “sequestration,” will take effect on March 1, 2013. On February 14, 2013, Janet Napolitano, Secretary of the U.S. Department of Homeland Security (“DHS”), testified before the Senate Committee on Appropriations regarding the impact of sequestration on DHS’s activities. The DHS includes U.S. Citizenship and Immigration Services (“USCIS”), Customs and Border Protection (“CBP”), and Immigration Customs Enforcement (“ICE”)—the three agencies involved in various aspects of immigration application processing, foreign travel, and worksite enforcement. Thus, it is instructive to consider Secretary Napolitano’s remarks to prepare for the potential impact that sequestration might have on the immigration process and related immigration activities.
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District Court Rules That FLSA Cases Can Be Dismissed Based On Private Settlements, But Employers "Take Their Chances" On Enforcement.

By Michael D. Thompson

The prohibition against private settlements of FLSA claims was scrutinized again last week, when U.S. District Court for the Eastern District of New York held that parties could voluntarily dismiss an FLSA lawsuit without obtaining approval of the settlement agreement from the court.  Picerni v. Bilingual SEIT & Preschool Inc.

Courts in FLSA cases have historically expressed the concern that individual waivers of FLSA rights would enable employers to use their superior bargaining power to extract individual waivers from their employees and “thwart the legislative policy [that the FLSA] was designed to effectuate.”  Brooklyn Sav. Bank v. O’Neill

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OSHA FAQ Series (FAQ #5: Equipping Your OSHA Inspection Team with the Right Tools)

In March of last year, we answered five frequently asked questions related to OSHA inspections.  After receiving much positive feedback about that post and a few new OSHA inspection-related questions, we decided to launch a regular series on the OSHA Law Update blog with posts dedicated to OSHA Frequently Asked Questions.  For each post in this OSHA FAQ Series, we include both a text response and a video/webinar with slides and audio.

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Sheikh Shaken

The reports of the asset-freezing injunction obtained in London against a member of the Qatari royal family, Sheikh Saud Bin Mohammed Bin Ali Al-Thani, for failing to pay for ancient Greek coins, where he had been the successful bidder at a New York auction, has sparked a lot of interest.

The recession and the conduct of the international rich, particularly from China, has caused a serious rise in payment defaults after auctions.  So are asset-freezing orders the answer?

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McDonald Hopkins Government Strategies Advisory: Tax Reform Gets Green Light

Yesterday, Speaker of the House John Boehner (R-OH) announced that in the 113th Congress, H.R. 1 – traditionally the designation given to legislation deemed most important by the majority – would be reserved for tax reform.

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HEALTH REFORM: U.S. Supreme Court Opinion Addresses Availability of State-Action Antitrust Immunity

On February 19, 2013, in FTC v. Phoebe Putney Health System, Inc.,[1] a case that highlights vigorous enforcement activities by the Federal Trade Commission (“FTC”) in the health care arena, the Supreme Court of the United States issued a unanimous opinion (“Opinion”) that overturned a ruling by the U.S. Court of Appeals for the Eleventh Circuit and limited the invocation of the state-action doctrine where state laws grant government authorities general corporate powers. This new decision supports the FTC’s position that it has the authority to pursue a challenge to the hospital acquisition at issue in the case. Although the Opinion addressed the specific legislative powers granted to a hospital authority under state legislation, the Opinion will likely impact judicial interpretation of other state legislation that purports to provide parties with immunity from the federal antitrust laws, such as state hospital cooperation acts, and similar types of legislation being created to allow cooperation and integration of hospital and provider systems.

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Back with two updates

I’m sorry it’s been a while since the last post.  My excuse is that I’ve been heavily tied up in a long trial.  My client is a well known Middle Eastern art collector, but the case was about investments other than art, so there’s nothing relevant to post.

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The NLRB–Organizing by Pop-Up Unions in Break-Out Units

By: Allen B. Roberts

I wrote the February 2013 version of Take 5 Views You Can Use, a newsletter published by the Labor and Employment practice of Epstein Becker Green. In it, I discuss an alternative view of five topics that are likely to impact employers in 2013 and beyond. One topic involved the potential for labor organizing by pop-up unions in break-out units.

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ACA Webcast, March 5 – What Hospitality Employers Need to Know Now!

Presented by:  Gretchen Harders and Kara M. Maciel

Tuesday, March 5, 2013 at 12:00pm EST / 9:00am PST

To Register, please click here

Please join Epstein Becker Green’s Labor & Employment practitioners as we continue to review the Affordable Care Act and its ongoing impact on hospitality employers and their group health plans and programs.

This webcast will provide an update on the implementation of the law including planning for 2014 and beyond and will focus on how the law will impact hospitality employers both large and small, and what they should do now to plan for it.

During this program, Epstein Becker Green practitioners will:

• Review the ACA implementation timeline
• Discuss the structure of the law and basic concepts affecting hospitality employers
• Discuss critical employer decision making and planning for 2014
• Review alternative plan design options available to hospitality employers
• New developments

Registration Is Complimentary and Reservations are Limited

Don’t Miss This Opportunity!   To Register, please click here.

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TSX Considers Rules for Issuers with Connections to Emerging Markets

Toronto Stock Exchange (“TSX“) and TSX Venture Exchange (“TSXV“) (collectively, the “Exchanges“) are in the process of reviewing their respective listing requirements applicable to issuers with a significant connection to an emerging market jurisdiction (“Emerging Market Issuers“). The Exchanges have released a consultation paper (“Consultation Paper“) as a part of a review of the listing requirements applicable to Emerging Market Issuers. The TSXV is also soliciting comments and feedback on a proposed TSXV policy document, Appendix 2B – Listing of Emerging Market Issuers (“TSXV Emerging Market Issuer Policy“). For the purposes of this Consultation Paper and the TSXV Emerging Market Issuer Policy, an emerging market jurisdiction means any jurisdiction outside of Canada, the United States, Western Europe, Australia and New Zealand.

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