Epstein Becker Green (EBG) is pleased to announce that Robert J. O’Hara, an experienced employment attorney and senior HR executive, has joined as a Member of the Firm in the Employment, Labor & Workforce Management practice, in its New York office. For nearly two decades before joining EBG, Mr. O’Hara managed employment law and human resources compliance for United Technologies Corporation, a global Fortune 50 company with more than 225,000 employees in 150 countries.
Monthly Archives: February 2019
Alec Davidson has joined McDonald Hopkins LLC in the Cleveland office as an associate in the firm’s Business Department, where his practice will enhance the Commercial Finance, Real Estate and Public Finance Practice Groups.
Google is on the receiving end of the first major enforcement action of the General Data Protection Regulation (GDPR), to the tune of €50 million for lack of transparency and information and a failure to obtain valid consent for targeted advertising. Brought by the Commission nationale de l’informatique et des libertés (CNIL), France’s data privacy and protection agency, the action was a response to early complaints filed by None Of Your Business and La Quadrature du Net.
The WA Court of Appeal has upheld a District Court decision finding an employer negligent in circumstances where it knew workers were using a ‘short cut’ rather than the system of work the employer had devised.
Large unpaid debts and continuing defaults by borrowers require the banks and financial institutions to initiate proceedings for recovery of dues against the principal borrowers as well as the guarantors under various legislations and forums, including the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for enforcement of security against the guarantors and under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 before the Debt Recovery Tribunals for recovery of debt against the guarantors. The Insolvency and Bankruptcy Code, which came into force on December 1, 2016, as a consolidated legislation to deal with insolvent and bankrupt persons, both natural and artificial, is also assisting the financial institutions to initiate corporate debt resolution process against guarantors.
As we previously shared in this blog, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued an opinion letter in November 2018 changing the Department’s position regarding whether and when an employer with tipped employees, such as a restaurant, can pay an employee a tipped wage less than the federal minimum wage.
Employee restrictive covenant agreements often contain fee-shifting provisions entitling the employer to recover its attorneys’ fees if it “prevails” against the employee. But “prevailing” is a term of art in this context. Obtaining a TRO or preliminary injunction is not a final decision on the merits, so does obtaining a TRO or preliminary injunction trigger a fee-shifting provision? A recent case illustrates that an employer can sidestep this potentially thorny issue by using careful and thoughtful drafting.
In case you hadn’t heard, the Final Report of the Financial Services Royal Commission was delivered by Mr Ken Hayne on Friday 1 February, and published on Monday 4 February.
Single entity rule confirmation from the ATO
On 30 January 2019, the ATO issued TR 2004/11A1 as an Addendum to ruling TR 2004/11 on the interaction of the tax consolidation ‘single entity rule’ in the context of applying the tax anti-avoidance provisions contained in Part IVA of the Income Tax Assessment Act 1936 (Tax Act) (Addendum).