Monthly Archives: July 2017

Are Zero Tolerance Drug Testing Policies About to Go Up in Smoke?

In an important new decision, the Massachusetts Supreme Judicial Court recently held that a qualifying patient who has been terminated from employment for testing positive for marijuana as a result of her lawful medical marijuana use may state a claim of disability discrimination under that state’s anti-discrimination statute. As we blogged with respect to a after a similar decision in Rhode Island, this holding has significant implications for employers that drug test for marijuana use because 29 states plus the District of Columbia have enacted legislation legalizing medical and/or recreational marijuana use.

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Talking Tax – Issue 86

Case law

AAT rejects Taxpayer’s claim for input tax credits

In GH1 Pty Ltd (in Liquidation) v FCT [2017] AATA 1063, the Administrative Appeals Tribunal affirmed the Commissioner of Taxation’s decision to disallow input tax credits (ITCs) totalling $817,207 for bulk earthwork services provided in relation to a development project.

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Is that reasonable? The impact of federal discrimination laws when managing injured workers

A recent Federal Circuit Court decision1 reminds employers that the obligation under the federal Disability Discrimination Act 1992 (DDA) to make reasonable adjustments for injured workers:

  • is limited to adjustments that would enable an employee to perform the role he or she is employed to do and
  • does not require employers to redeploy an injured worker to an alternative suitable position.
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Guide Published to Assist in The Development of Effective Anti-Harassment Programs

Our colleagues , at Epstein Becker Green, have a post on the Health Employment and Labor blog that will be of interest to many of our readers in the technology industry: “DFEH Publishes Materials to Assist Employers With Handling Harassment Allegations.”

Following is an excerpt:

The Department of Fair Employment and Housing (DFEH) recently released a brief, nine-page guide for California employers, which was prepared in conjunction with the California Sexual Harassment Task Force. This guide is intended to assist employers in developing an effective anti-harassment program, including information about how to properly investigate reports of harassment and understand what recourse is available. The guide addresses all forms of workplace harassment, including harassment based on sex. …

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DFEH Publishes Materials to Assist Employers With Handling Harassment Allegations

The Department of Fair Employment and Housing (DFEH) recently released a brief, nine-page guide for California employers, which was prepared in conjunction with the California Sexual Harassment Task Force.  This guide is intended to assist employers in developing an effective anti-harassment program, including information about how to properly investigate reports of harassment and understand what recourse is available.  The guide addresses all forms of workplace harassment, including harassment based on sex.

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ILN Today Post

Kriton Metaxopoulos appointment as member of Advisory Board of Best Lawyers

We have the pleasure to inform you that Kriton Metaxopoulos has been recently appointed as a member of the Advisory Board of Best Lawyers.

This honorary appointment coming from an institution carrying the prestige and reputation of Best Lawyers worldwide is a great honor for our firm and a personal recognition for Kriton Metaxopoulos as a law practitioner for the past 30 years.

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ILN Today Post

Howard & Howard continues to expand Chicago office

Royal Oak, Michigan, July 20, 2017: Howard & Howard Attorneys PLLC is pleased to announce that Ariane M. Janz has joined the firm. She will practice out of the firm’s Chicago office.

Ariane M. Janz concentrates her practice in civil litigation with an emphasis on commercial disputes and business & corporate law.

Prior to joining Howard & Howard, Ms. Janz served as a law clerk for the Honorable C.J. Williams, Chief United States Magistrate Judge for the Northern District of Iowa. As a law student, she gained extensive experience as a summer associate at an Am Law 100 firm, as an intern in the Economics Section of the U.S. Embassy in Berlin, and as an intern at a German law firm specializing in business law in Cologne. Ms. Janz is a native German speaker.

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Responsibilities of Executors When Selling Property

Acting as an executor can be an onerous obligation. It is important at an early stage in the administration process to understand the responsibilities of an executor to avoid any potential negligence and personal liability. An executor should act diligently and endeavour to administer an estate within 12 months. Outside of that time limit the executor should have justifiable reasons for delays that arise.

When selling assets executors should achieve the best price possible. They need to take professional advice and ensure that they follow the views of the majority to avail of the protection afforded to them under Section 50 Succession Act 1965. The views of the majority must be exercised in good faith, and without personal motivation and/or conflicts of interest.

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The lowdown on paid parental leave

Failure to launch

In May 2015, the Abbott Government proposed changes to the paid parental leave scheme which sparked much controversy. These changes sought to crack down on new parents ‘double dipping’ in light of comments that women were ‘rorting the system’ by accessing both employer and Government funded paid parental leave entitlements.

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Implementation of Private Payer Parity Laws for Telehealth Services

Private payer parity laws generally require private insurers and health maintenance organizations to cover, and in some cases also reimburse, for the provision of telehealth services in the same manner and at the same level as comparable in-person services. These laws are enacted at the state level, creating a complicated framework within which insurers must operate. At this point, most states have implemented some form of private payer parity law, although the specifics of each state’s laws vary. One of the most common is a rule such as Montana’s, which requires insurers to offer coverage for health care services provided by a health care provider by means of telemedicine if the services are otherwise covered by the plan. Some states, like Iowa, only mandate parity within their Medicaid programs without extending the mandate to private payers. Other states only require parity for certain types of services, like mental health services in Alaska. Lastly, Illinois and Massachusetts, require parity only when insurers opt to provide telehealth services.

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