Monthly Archives: November 2018

U.S. Department of Labor Rescinds Guidance Regarding “Side Work” and the FLSA’s Tip Credit in Restaurants

Under the Fair Labor Standards Act (“FLSA”), employers can satisfy their minimum wage obligations to tipped employees by paying them a tipped wage of as low as $2.13 per hour, so long as the employees earn enough in tips to make up the difference between the tipped wage and the full minimum wage. (Other conditions apply that are not important here.) Back in 1988, the U.S. Department of Labor’s Wage and Hour Division amended its Field Operations Handbook, the agency’s internal guidance manual for investigators, to include a new requirement the agency sought to apply to restaurants. Under that then-new guidance, when tipped employees spend more than 20% of their working time on tasks that do not specifically generate tips—tasks such as wiping down tables, filling salt and pepper shakers, and rolling silverware into napkins, duties generally referred to in the industry as “side work”—the employer must pay full minimum wage, rather than the lesser tipped wage, for the side work.

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ILN Today Post

I am selling my company… how am I taxed?

A growing number of family businesses are coming up for sale these days. This is partly due to the favourable investment environment, and partly to the difficulties to pass on businesses to the next generation. A critical aspect in such deals is: what kind of tax implications the sale will have for the sellers. While, in some cases, the sale can be made tax-free, at other times a private individual divesting his or her share in the business can be faced with a tax liability of up to 34.5%.

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Health and Community: Law Alert

Appointment of Alison Choy Flannigan

Leading independent business law firm Hall & Wilcox has bolstered its health, aged care, life sciences and community practices by appointing a respected leader in the field Alison Choy Flannigan as a new partner and leader of the firm’s national industry team.

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Ohio Supreme Court offers guidance on “agency exclusion” under Ohio commercial activity tax.

One controversial issue that commonly arises in Ohio commercial activity tax (CAT) audits is whether taxpayers qualify for the so-called “agency exclusion” for gross receipts received on behalf of others. The CAT is Ohio’s entity-level tax for the privilege of doing business in the state, as measured by the taxpayer’s “taxable gross receipts” in Ohio. Some other states impose a net income tax at the entity-level, which removes expenses from the base of the tax, or have no entity-level business tax at all.

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Talking Tax – Issue 141

ATO updates

ATO extends data matching program to eliminate incorrect reporting for share owners

On 30 October 2018, the ATO announced it is extending its data matching program, focussing on share data. The latest data matching protocol will see the ATO continue to receive data from ASIC, including details of the price, quantity and time of individual trades dating back to 2014. The ATO will use sophisticated technology to match the data against information reported in tax returns and other ATO records.

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Federal breach notification law now in effect in Canada

The breach notification provisions of Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) went into effect Nov. 1, 2018. PIPEDA places requirements and restrictions on an entity’s collection and use of “personal information,” defined as information about an identifiable individual, in the course of a commercial activity. All organizations that collect and use personal information belonging to Canadians must comply with PIPEDA’s requirements. This includes consumer/customer data, as well as employee data. The law has been in force since 2001 and was amended in 2015 to include breach notification requirements, though the 2015 breach notification amendments made as a result of the Digital Privacy Act were not immediately effective. Those amendments are now effective.

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New ASA guidelines for Social Media Influencers – will a “#ad” continue to do the trick?

Avid social media users will be well-acquainted by now with the concept of influencer marketing, which has evolved alongside the rise of mobile technology and social media and into an increasingly popular advertising tool. Influencer marketing involves the engagement by brands of individuals (usually celebrities or industry experts) with large followings on social media such as Facebook, Twitter and Instagram to advertise or recommend products. Depending on the influencer/amount of followers, it has been reported that charges per post can reach up to £500,000, and this has fast become an extremely lucrative industry.

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Fladgate LLP achieves across the board rankings in Legal 500 for 2018

Fladgate LLP is delighted to have achieved strong rankings in the recently launched 2019 edition of the Legal 500 Guide to the UK Legal Profession. The firm achieved 25 rankings, with 61 lawyers attaining 98 individual recommendations.

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Augmented Reality Leapfrogs Its Virtual Cousin, but Will Legal Questions Slow Its Momentum?

Flip back through articles, columns, tweets and other prognostications from marketing pundits over the past decade plus, and you’ll see a common theme: it’s going to be a big year for virtual reality (VR) and augmented reality (AR).

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Federal Circuit Establishes New Test for Trade-Dress Secondary Meaning

The United States Federal Circuit recently issued a precedential opinion addressing trade dress secondary meaning.  The decision establishes a six-factor test to determine whether trade-dress acquired secondary meaning and clarifies a variety of other, related matters.

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