Monthly Archives: July 2018

Financial Services in Focus – Issue 7

Funds and financial products

Government consults on the revised exposure draft of Design and Distribution Obligations and Product Intervention Power Bill

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DOL Issues Guidance for Determining Whether Registries are Employers of Home Caregivers in the “Gig Economy”

Health care registry companies provide families and their loved ones with peace of mind by providing matchmaking and referral services for qualified, pre-screened and vetted home caregivers. They often also provide administrative services. As part of the “gig economy,” health care registries often tread a fine line in classifying caregivers as independent contractors rather than employees. A new Field Assistance Bulletin (“Bulletin”), “Determining Whether Nurse or Caregiver Registries are Employers of the Caregiver,” issued on July 13, 2018, by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) to its field enforcement staff, provides a road map on how homecare, nurse, and caregiver registries relying on an independent contractor business model can ensure the caregivers remain independent contractors not covered by the Fair Labor Standards Act (“FLSA”).

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ILN Today Post

NEW AMENDMENTS TO FIFA RSTP REGULATIONS

Based on a cooperation agreement executed between FIFA and FIFPro (the World Players’ Union), in autumn 2017, FIFA amended its Regulations on the Status and Transfer of Players, which has had a substantial impact on contractual relationships between clubs and (professional) football players.

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How to handle non-performing loans in insolvency proceedings

Authors: Giorgio Cherubini, Giovanna Canale The article, published in the Eurofenix magazine of INSOL EUROPE,…

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Giorgio Cherubini
Giovanna Canale
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ILN Today Post

HOWARD & HOWARD CONGRATULATES ATTORNEY MICHAEL R. LIED ON HIS REAPPOINTMENT AS CO-CHAIR OF THE AMERICAN BAR ASSOCIATION’S TRIAL EVIDENCE COMMITTEE

Royal Oak, Michigan: July 19, 2018: Howard & Howard Attorneys PLLC is pleased to announce that Michael R. Lied has been reappointed Co-Chair of the American Bar Associations Trial Evidence Committee for the 2018-2019 bar year. Mr. Lied will continue working to promote the goals and core values of the Section of Litigation, as well as advancing the Sections work through commitment to engaging the diverse members of the divisions, committees and task forces within the Section.

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DOL Issues Field Assistance Bulletin Providing Guidance on Classification of Home Care, Nurse, or Caregiver Registries Under the FLSA Continue Reading…

Last Friday, the Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-4 to help guide the DOL Wage and Hour Division field staff as to the correct classification of home care, nurse, or caregiver registries under the Fair Labor Standards Act (“FLSA”). This is the most recent piece of guidance on a topic first addressed by the DOL in a 1975 Opinion Letter. The bulletin is noteworthy in two respects. First, it confirms that the DOL continues to view a registry that simply refers caregivers to clients but controls no terms or conditions of the caregiver’s employment activities as outside the purview of the FLSA. Second, and most helpfully, the bulletin provides specific examples of common registry business practices that may establish the existence of an employment relationship under the FLSA.

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Keeping your data safe

The General Data Protection Regulation (GDPR) came into force on 25th May 2018 and we are managing your data in accordance with these laws. Harry Fehily leads the way in protecting your data

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Death and Facebook

As our lives are becoming increasingly digitalised and more immersed in social media platforms, it is surprising that of those Australians who have a Will (and nearly 50% of Australians do not have a valid Will), only 3% have included instructions regarding what is to be done with their social media accounts upon their death.

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Talking Tax – Issue 125

Case law

What constitutes an ‘active asset’ for the purposes of the small business CGT concessions: Rus and FCT [2018] AATA 1854

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DOL Rescinds 2016 Persuader Rule – Returns to Long Standing Definition of “Advice”

One of the more controversial actions of the United States Department of Labor during the Obama Administration was its 2016 issuance of a Final Rule that was intended to radically rewrite the rules concerning the “Advice Exemption” to Labor Management Reporting and Disclosure Act of 1959 (“LMRDA”).  The 2016 Final Rule was hotly contested because it would have required employers and their labor law counsel to report concerning advice the lawyers provided even when the lawyers did not directly communicate with their client’s employees. For almost 50 years such attorney-client communications and dealings were exempt from reporting so long as the attorneys did not speak or otherwise communicate directly with their clients’ employees.

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