Monthly Archives: May 2015

Motor Carrier Exemption Applies to Drivers Who can be Expected to Drive Interstate

In Resch v. Krapf’s Coaches, Inc., the Third Circuit Court of Appeals ruled that drivers who “rarely or never crossed state lines” were nevertheless covered by the motor carrier exemption to the FLSA because they worked in safety-affecting jobs and reasonably could have been expected to drive interstate routes.

The FLSA’s motor carrier exemption creates an overtime exemption for employees who are covered by the Secretary of Transportation’s authority to regulate the safe operation of motor vehicles in interstate or foreign commerce.  To fall under the Secretary of Transportation’s authority, the transportation involved in the employee’s duties must cross state lines or, within a single state, be a continuation of the interstate “journey of goods.”

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Interpretation of New Anti-monopoly Provisions in the Field of Intellectual Property Rights: a Corporate Compliance Perspective 2015/5/19 16:30:08

[Abstract] As the first legal document specially making provisions on anti-monopoly issues in the field of intellectual property rights, the Provisions of the SAIC are of great significance. For various reasons, the Provisions have a narrow scope of application and are yet to be improved in respect of operability and predictability. Enterprises shall not understand and apply the Provisions in an isolated manner, but grasp provisions of relevant laws comprehensively and accurately with systematic thinking mode to ensure compliance in respect of anti-monopoly in the field of intellectual property rights. More…

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Private Employers Likely to Face Gender Identity Discrimination Claims as Federal Government Continues to Expand Title VII Protections to Transgender Employees

Since we last reported on the 2012 Equal Employment Opportunity Commission (“EEOC”) decision in Macy v. Holder,[1] the federal government has continued to extend protection under Title VII of the Civil Rights Act of 1964 (“Title VII”) to transgender employees.  In July 2014, President Obama issued Executive Order 13672, prohibiting federal contractors from discriminating against workers based on their sexual orientation or gender identity.  Two months later, in September 2014, the EEOC filed its first-ever lawsuits alleging sex discrimination against transgender employees under Title VII.  Shortly thereafter, in December 2014, outgoing U.S. Attorney General Eric Holder released a memo announcing that the Department of Justice considers Title VII’s prohibition against sex discrimination to include discrimination based on gender identity, including transgender status.  Finally, earlier this year, on March 30, 2015, the Department of Justice filed its first lawsuit alleging an employer engaged in discrimination and retaliation against a transgender employee in violation of Title VII.

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Government to Act on “Back Door” Strike Action

The Government are set to deliver a manifesto promise of making significant changes to the strike laws that are in place in the UK.

In a move that has been welcomed by many businesses, the government are set to place a turnout quota on any ballot action in order to prevent unpopular, and in the eyes of many, unlawful strikes. It is proposed that under government plans, a strike affecting essential public services will need the backing of 40% of eligible union members, with a turnout of at least 50%.

Major sectors such as health, education and transport will need an even higher turnout in order to take legal industrial action.

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Alibaba paiskab väed USA-sse

Hiina suurim e-pood Alibaba ostis 9,2% USA madalama hinnaga toodete müügiga tegelevast e-poest Zulily.

Zulily kasutab oma webilehel deal-of-the-day või flash sale ärimudelit, kus mingit toodet pakutakse ainult väga lühikese aja jooksul, tavaliselt 24 kuni 36 tundi. Alibaba otsus on läbinägelik, sest 2015. aasta esimese kvartali e-kaubanduse müügikäive Ühendriikides moodustas juba 7% jaekaubanduse müügikäivest (1999. aastal sama näitaja 0,6%).

2014. aastal toimunud Alibaba IPO-ga USA turule sisenemist nimetati läbi aegade suurimaks.

Lada Riisna

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Kaubanduskeskused = dinosaurused?

Bloomberg avaldas, et USA-s kasvas e-kaubandus esimeses kvartalis 3,5%, jõudes rekordilise $80 miljardilise käibeni. Aastases võrdluses kasvas e-kaubanuds tervelt 14,5% ning jaemüük kõigest 1,6%.

Sellised numbrid ei ole kellelegi üllatuseks – alates majanduse normaliseerumisest on e-kaubandus igas kvartalis suurenenud keskmiselt 3,7% jaemüügi 1,1% vastu. Tänaseks moodustab e-äri juba 7% kogu USA jaemüügist. 7% võib küll tunduda väikse mahuna, kuid samas ei tohi unustada, et paljusid asju ei ole võimalik jätkuvalt osta online`is (autosid, kütust jne). Võrdluseks on nt need rõivapoed, kes on e-kaubandusse sukeldnud nii hästi, et 15% nende kogumüügist toimub internetis. Heaks näiteks USA jaemüügi turul on Lululemon Atheltica Inc., Express Inc., and Abercrombie & Fitch Co., kelle kogumüügist moodustab e-kaubandus tervelt 19%.

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2015 William J. O’Neill Great Lakes Regional Bankruptcy Institute (Opincar)

New Age of Bankruptcy: How Technological, Economic, and Legal Changes are Affecting Bankruptcy Practice

Sponsored by the CMBA’s Bankruptcy & Commercial Law Section

The 2015 O’Neill is scheduled for May 19 and 20 at the CMBA Conference Center, 1375 East Ninth Street, 2nd Level – One Cleveland Center, Cleveland, OH 44114.

May 19th

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Dos and Don’ts of Conference Networking

One week from today, I leave for our Annual Meeting in Sicily, which has got one major thing on my mind (aside from last minute details) and that is NETWORKING.

This is our largest conference of the year, so it presents a LOT of opportunities for our delegates to take advantage of the networking opportunities that are available to them just by showing up. But as with any marketing or business development activity, you only get out of it what you put into it.

Yes, it would be nice if you could walk away from an event with little or no effort and have business thrown right into your lap, but it just doesn’t work that way (once in a blue moon, the stars will align and it will happen, but that’s luck, not networking).  

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ILN Today Post

Reforms and Recommendations for the Arbitration and Conciliation Act, 1996

The Arbitration & Conciliation Act, 1996 (hereafter referred to as ‘the Act’) provides that the Court has power to appoint Arbitrator under Section 11 (Appointment of arbitrators) of the Act, but has not framed any rules  hereby the arbitral proceedings can be expedited. Therefore, I am of the opinion that the Law Commission should take this point into consideration and provide for steps to ensure that whenever the Court is appointing an Arbitrator, the Court should also lay down the rules as to:

i. What will be the issues which the Arbitrator has to decide as preliminary issues, particularly in relation to limitation and scope of Arbitration e.g. if a party files a claim which is either time barred or outside the scope of Arbitration claim then it should be decided as preliminary issue and heavy cost should be imposed on the party filing false claim in the Arbitration proceedings. More…

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ILN Today Post

Gadens’ view of the Federal Budget 2015-2016

Following the political nightmare flowing from last year’s Budget, the Government promised us “no surprises” and a Budget that would be a tame and boring affair.

Whilst this may hold true politically, the Government has introduced a range of measures with a new determination, and draft legislation seldom previously developed in advance of the policy announcement.

These new measures will affect a broad range of businesses large and small, domestic and foreign. More…

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