In August 2015, the National Labor Relations Board (“Board”) issued its decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015), adopting a new standard for determining whether a company is a joint employer and therefore subject to all of an employer’s legal obligations under the NLRA with respect to the employees of another employer that provides it with services, leased or temporary labor, or the like. Since then, there have been many dire predictions as to how this new test would result in finding businesses to be joint employers of the employees of those they do business with, whether suppliers of temporary labor, franchisees, or a wide range of other circumstances. The latest permutation involves claims that a business that maintains a corporate social responsibility (“CSR”) policy intended to ensure that its suppliers and business affiliates comply with applicable laws and treat their employees fairly is, by virtue of such a policy, a joint employer of the supplier’s employees.
Monthly Archives: August 2016
Featured on Employment Law This Week® – New York City is trying to force certain employers to sign “labor peace” agreements with unions.
Mayor Bill de Blasio has signed an executive order mandating that a property developer receiving at least $1 million in “Financial Assistance” require its large retail and food service tenants to accept “Labor Peace Agreements.” These agreements would prohibit the companies from opposing union organization and provide what some consider to be affirmative support and assistance to unions. City Development Projects that were authorized or received “Financial Assistance” before July 14, 2016, are exempt from this order.
The Food and Drug Administration (FDA) issued a draft guidance (Draft Guidance) on July 11, 2016 that allows some generic drug manufacturers holding an Abbreviated New Drug Application (ANDA) to update the label of the drug they manufacture with new safety information. The Draft Guidance provides new clarifications and recommendations to generic drug manufacturers seeking to update a generic label after withdrawal by the name brand manufacturer of the reference listed drug (RLD) (a “Withdrawn RLD”). The Draft Guidance explains how a generic manufacturer may submit an updated label of a generic drug to the FDA for approval after withdrawal of the RLD. The FDA must approve the proposed new label before the new generic label may be issued. The Draft Guidance also reminds applicants that the FDA continues to retain the authority to request the ANDA-holder with a Withdrawn RLD to update the label of the drug under its ANDA for safety reasons.
The Supreme Court of India (“Supreme Court”) has recently laid down in Bunga Daniel Babu v. M/s Sri Vasudeva Constructions (“Case”) that a land owner (“Appellant”) who entered into a Memorandum of Understanding (“MoU”) with a builder (“Respondent”) for development of his land by construction of a multi-story building, will be deemed to be a consumer within the definition of Section 2(1)(d) of the Consumer Protection Act, 1986 (“CPA”) despite the rider inserted by the amendment in 2002 thereto whereby the definition of consumer was amended to exclude from its purview any person who avails services for any commercial purpose.
Process plant contracts have historically been exempt to the Housing Grants, Construction and Regeneration Act 1996 – but the justification for this looks increasingly flimsy as time has gone on.
The construction industry is used by now to the payment and adjudication regime introduced by the Housing Grants, Construction and Regeneration Act 1996.
However, there is one particular type of construction contract to which it does not apply.
Fladgate is delighted that the following partners and consultants have been included in the recently published Citywealth Leaders List 2016, a guide to advisers within the private wealth management sector.
Family & Matrimonial – Prominent Figure
Contentious Trusts – Prominent Figure
On 8 August 2016 the Taxation (Business Tax, Exchange of Information and Remedial Matters) Bill was introduced into Parliament. It introduces a number of business friendly changes with regard to provisional tax payments. It also strengthens the disclosure requirements for foreign trusts following the Shewan Inquiry.
The principal changes relating to foreign trusts are:
- an expansion of the level of disclosure to be made to the Inland Revenue Department. The current rules require the name of the New Zealand trustee only. The new disclosure regime will require the name, email address, foreign residential address, country of tax residents, tax identification number of the settlors, trustees, protector beneficiaries and any other person who exercises effective control over the assets of the trust;
There have been recent amendments to the Residential Tenancy Act 1986 (“the Act”) which are intended to improve rental property standards and tenancy services and are now in force. The Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 set out the changes in further detail.
Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions
New Jersey is widely considered to be among the most consumer-protective states in the country. One of New Jersey’s broader consumer protection laws is the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). While this statute is not new, of late it has become a favorite tool of plaintiffs’ counsel in fashioning class action complaints seeking potentially staggering damages awards.
Recent cases under the TCCWNA have targeted various terms and conditions that retailers seek to impose for transacting business on their websites, such as contractual limitations of liability and waivers of consumers’ rights to recover attorneys’ fees. In light of the liberal construction courts and commentators alike have given the TCCWNA, retailers doing business over the Internet need to be particularly mindful of their online terms and conditions, which, if not carefully constructed, could expose those companies to expensive litigation.
We had our first taste of some cooler weather here in the northeast this week, and it was glorious! Unfortunately, we’re back to super hot summer temperatures this weekend, but hopefully this is summer’s last hurrah (and not only because I have to run a 10k next Saturday morning).
What IS cheering us up are the posts from our ILN members over on ILNToday. We’ve got some great substantive content for you to read through this Friday morning, so grab your coffee and get going!