Monthly Archives: December 2017
NYC Council Passes Bills Establishing Procedures on Flexible Work Schedules and Reasonable Accommodation Requests
As 2017 comes to a close, recent headlines have underscored the importance of compliance and training. In this Take 5, we review major workforce management issues in 2017, and their impact, and offer critical actions that employers should consider to minimize exposure:
Many State and Local Minimum Wage Increases Will Go Into Effect on January 1, 2018 Continue Reading…
In 2017, a great many states and localities passed laws increasing minimum wages beginning on January 1, 2018. (Some passed laws that will be effective on July 1, 2018 or other dates.)
Below is a summary of the minimum wage updates (and related tipped minimum wage requirements, where applicable) that go into effect on January 1, 2018, unless otherwise indicated.
On December 21, the Department of Justice (“DOJ”) reported its fraud recoveries for Fiscal Year 2017. While overall numbers were significant – $3.7 billion in settlements and judgments from civil cases involving allegations of fraud and false claims against the government – this was an approximate $1 billion drop from FY 2016. However, the statistics released by DOJ reflect themes significant to the healthcare industry.
The District Court of New South Wales recently considered the duty of care owed by a hospital and treating psychiatrist to a patient who suffered injuries in a motor vehicle accident after being discharged from hospital. The hospital attempted to persuade the Court that the plaintiff was discharged in accordance with the psychiatrist’s orders, sought an indemnity from the psychiatrist and pleaded contributory negligence against the plaintiff. The psychiatrist denied negligence, sought an indemnity from the hospital, pleaded contributory negligence against the plaintiff and attempted to defend her conduct based upon peer professional opinion as to competent professional practice (section 5O Civil Liability Act – CLA).
The Commissioner has issued draft tax ruling TR 2017/D10 Income Tax: Trust Vesting – amending the vesting date and consequences of a trust vesting (Draft Ruling). Click here to read the full ruling. Partner, Andrew O’Bryan presented a webinar on this topic, a copy of which can be ordered here.
As anticipated, the Draft Ruling doesn’t make any major variation from the current views on the extension of vesting dates, but it is good to have some detail around trust vesting from the Commissioner and in particular a question that we continue to emphasise – what do the terms of the trust deed say?
Banking, Superannuation and Financial Services Industry Royal Commission – what should super fund trustees do now?
The first notices to produce documents to the Royal Commission into misconduct in the Banking, Superannuation and Financial Services Industry have already been sent to some superannuation fund trustees by Commissioner Kenneth Hayne.
We understand that the relevant notices are asking trustees to report any “misconduct” that has occurred at their fund since 1 January 2008 and any instances over the same time period when their conduct has “fallen below community standards and expectations”. Their responses have been sought by no later than 29 January 2018.
By Herbert Z. Pinchuk, head of the Business Law Group at RSS.
December 20, 2017 — An overview of the wide variety of deals and cases that RSS handles each and every day. From helping startups and assisting individuals to working along major corporations, we provide the complete scope of legal services.
Our colleague Ebunola Aniyikaiye at Epstein Becker Green has a post on the Health Law Advisor blog that will be of interest to our readers: “A Case for an Exception to the FCC Rule: Vulnerable Populations and Telemedicine.”
Following is an excerpt:
On December 14, the Federal Communications Commission (FCC) voted to remove regulations that prohibit providers from blocking websites or charging for high quality service to access specific content. Many worry that allowing telecommunications companies to favor certain businesses will cause problems within the health care industry. Specifically, concerns have risen about the effect of the ruling on the progress of telemedicine and the role it plays in access to care. …
NCLAT: ADJUDICATING AUTHORITY CANNOT REJECT APPLICATIONS COMPLETE UNDER SECTION 10 OF THE INSOLVENCY CODE BY CORPORATE DEBTORS ELIGIBLE UNDER SECTION 11 OF THE CODE
Judgment: M/s. Unigreen Global Private Limited (“Unigreen”) v. Punjab National Bank (“PNB”) and others followed in Leo Duct Engineers & Consultants Limited v. Canara Bank and Another.
Forum: National Company Law Appellate Tribunal (“NCLAT”).
Judgments delivered on: December 1, 2017 and December 13, 2017 respectively.
Act/Law: The Insolvency and Bankruptcy Code, 2016 (“Code”).
Ratio: If complete information is provided by an applicant (corporate debtor) as required under Section 10 and Form 6 of the Code and if the applicant is otherwise not ineligible under Section 11 of the Code, the Adjudicating Authority (“NCLT”) is bound to admit the application and cannot reject the application on any other ground.