Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved fruitless. While the debate rages over the continued viability of the ACA, as we stated in our previous Take 5, employers should remember that obligations to comply with Section 1557 (the non-discrimination provision of the ACA) and the final rule implementing that provision remain. But there have been developments regarding which characteristics are protected by Section 1557. In this Take 5, we explore whether Section 1557 continues to cover gender identity and transition services.
Monthly Archives: October 2017
Take 5 Newsletter: No Tricks, We Treat You to Five Developments in the Intersection of Health Care and Employment Law
SAG-AFTRA Commercials Contract Modified to Provide “Free Bargaining” as to Compensation for Low-Budget Digital Productions
Responding to the increased concerns voiced by advertising agencies bound by the 2016 SAG-AFTRA Commercials Contract (Commercials Contract) that they cannot compete on the digital front with their non-union counterparts, on October 19, 2017, SAG-AFTRA and the Joint Policy Committee on Broadcast Talent Union Relations (JPC) issued a joint statement announcing that, effective immediately, the Commercials Contract has been modified to include a waiver for commercial digital low-budget productions.
The long awaited crowd-sourced funding (CSF) regime officially came into effect for unlisted public companies late last month. Although it will be some time before CSF offers are regularly being made on crowd funding platforms, as ASIC did not commence processing intermediary licence applications until after the official commencement of the regime, start-ups finally have the green light to start raising money from retail investors without many of the limitations imposed by the Chapter 6D regime.
Founded in early 2017 as a spin-off of Stradling client Rebound Therapeutics Corporation, Viseon Spine is an Irvine-based medical device company that uses its proprietary technology comprised of state-of-the-art visualization and illumination technologies to develop single use and disposable devices that improve the procedural and clinical outcomes of minimally invasive spine surgery procedures.
“A lawyer has to be cautious when preparing these documents because errors can be disastrous,” says Wahbi, partner with Fogler Rubinoff LLP, a full-service firm with offices in Toronto and Ottawa. “There’s no cost savings if you have to go to court for an interpretation or rectification of the wills.”
In 2015 the Federal Court confirmed in the case of Anglican Care v NSW Nurses and Midwives’ Association1 (which was a case relating to an underpayment claim) that employees receiving workers’ compensation may be entitled to continue to accrue annual leave. In that case, a nursing assistant claimed that she was entitled to be paid, on termination of her employment, for the annual leave she had accrued during the two year period she had been absent from work and receiving workers compensation payments.
Until the Anglican Care decision, it was widely accepted that the effect of section 130 of the Fair Work 2009 (Cth) (FW Act) was clearly to prevent an employee from accruing or taking annual leave while they are receiving compensation payments unless this was expressly permitted by the relevant state workers’ compensation laws. Given that such laws are concerned with compensating employees for loss of earnings when off work due to a compensable injury, they generally do not expressly provide an entitlement to annual leave.
On October 23, 2017, New York Governor Andrew Cuomo signed legislation that amends the Clean Indoor Air Act to ban the use of electronic cigarettes (“e-cigarettes”) everywhere that smoking traditional tobacco products is prohibited. With this amendment, the Clean Indoor Air Act will prohibit both smoking and vaping in certain indoor areas, including places of employment, as well as certain outdoor areas accessible to the public. This legislation will become effective on November 22, 2017. Prior to this date, any required posters and signs will need to be updated to include reference to “No Vaping” or “Vaping” along with the “No Smoking” or “Smoking” signs, or international “No Smoking” symbol.
ICCA recognizes Ms. Seema Jhingan as one of India’s Trusted Corporate Lawyers in its publication – ‘The Vanguards’
We are pleased to announce that Ms. Seema Jhingan, has been recognized as one of India’s Trusted Corporate Lawyers of 2017 by the Indian Corporate Counsel Association (ICCA) in its publication – ‘The Vanguards’ (as attached together with her published profile), with forwards from the Department of Legal Affairs, Ministry of Law and Justice and the Department of Commerce, Ministry of Commerce and Industry.
Congratulations go to Ciara Murphy who was successful in winning this year’s HOMS Solicitors University of Limerick Scholarship prize. Ciara is a Law and Accounting student who excelled in her field, obtaining the highest marks in her year.
We were pleased to present Ciara with her winning funds on 23rd October at the presentation ceremony in our Limerick office. Thank you to John Moran, Director of the European Investment Bank and former Secretary General of the Department of Finance, who presented the award. Judge Donald Binchy and Judge Eileen Creedon also attended the happy event, as did Senator Kieran O’Donnell and members of the School of Law Faculty, Sinead Eaton and Professor Ray Friel. Our founding Partner Dr Gordon Holmes, who initiated the scholarship, was fondly remembered during the speeches.