Monthly Archives: March 2019

ILN Today Post

Ask and You Shall Receive: Straws and Soda with Kids’ Meals Only Available upon Request

Over the past few years, cities have enacted laws to mandate the default drink sold with kids’ meals and only give plastic straws to consumers upon request. In September 2018, when then-Governor Jerry Brown signed SB 1192 and AB 1884 into law, California became the first state to enact these types of measures statewide. In the current legislative session, other states are following suit and proposing statewide legislation to mandate certain default drinks for kids’ meals and to ban or limit single-use plastic straws. Most of these laws define a “single-use plastic straw” as a straw predominantly made of plastic derived from either petroleum or a biologically based polymer that is designed to be used once. The following is a brief summary of the enacted and proposed laws.

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Maryland General Assembly Overrides Veto to Enact Bill Increasing Minimum Wage to $15

On March 22, 2019, we wrote that the two houses of the Maryland General Assembly had agreed on a conference report adopting the Senate’s version of a bill that would increase the state-wide minimum wage to $15 by 2025 or 2026, depending on the size of the company, with two minor changes. We also discussed the bill on March 18, 2019.

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NLRB Responds to Congressional Inquiry Regarding Proposed Joint-Employer Rule

Since 2015, employers have faced continued uncertainty regarding which standard the National Labor Relations Board (“NLRB” or the “Board”) will apply when determining joint-employer status under the National Labor Relations Act (“NLRA”). Businesses utilizing contractors and staffing firms or operating in partnering arrangements, as well as those engaged in providing temporaries and other contingent workers, have faced a moving target before the Board when it comes to potential responsibility in union recognition, bargaining obligations, and unfair labor practice cases.

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‘Fairness in Franchising’ finds fault in car dealership agreements

The ‘Fairness in Franchising’ Report recommends increased regulation for non-renewal of car dealership agreements

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Talking Tax – Issue 154

Inbound distributors: new ATO guideline on transfer pricing risk framework

On 13 March 2019, the Australian Taxation Office (ATO) released a Practical Compliance Guideline PCG 2019/1 (Guideline) on its approach to identifying potential transfer pricing issues for existing and new inbound distribution arrangements involving multi-national entities (MNEs). The Guideline sets out the ATO’s framework for this compliance activity and provides useful guidance on the ATO’s perception of the risk associated with particular industries including the life sciences, information and communications technology, motor vehicle and general distributors industries.

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Obscure FDA Device Reporting Exemptions Draw Patient and Provider Concern

Many physicians rely on publicly available reports to assess the safety of the devices they use on patients, but in some cases, these reports aren’t painting the full picture.  A recent Kaiser Health News (“KHN”) article raises serious questions about FDA’s practice of allowing a significant number of medical device injury and malfunction reports to stay out of the public eye.

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Predictive Scheduling is Becoming the New Normal for Hospitality and Retail Industry

Taking the guesswork out of scheduling for wage workers is an attractive proposition for regulators. Laws that require employers to publish employee work schedules a certain amount of time in advance so that employees (especially those in the hospitality and retail industries) can have greater flexibility and work-time predictability to deal with family and other events and responsibilities are becoming more common in several cities, and the state of Oregon currently has predictive scheduling laws on the books, and the trend is growing, with proposed legislation in many jurisdictions across the country.

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NJ Employers and Out-of-State Employers with NJ Residents Prepare: State Updates Website on Employer Reporting for New Jersey Health Insurance Mandate

As employers are wrapping up their reporting under the Affordable Care Act (“ACA”) for the 2018 tax year (filings of Forms 1094-B/C and 1095-C/B with the IRS are due by April 1, 2019, if filing electronically), they should start preparing for new reporting obligations for the 2019 tax year.

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Utah Hopes That Third Time’s a Charm for Non-Compete Statute

The State of Utah on March 22, 2019 returned to the topic of non-competes for the third time in three years. It had passed that statute in 2016 (as we noted), and then amended in 2018 (as we also discussed here earlier), and now is at it again, by amending it once more. Maybe they are hoping that the third time’s a charm, as they say.

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Lawyers: Use Content to Create and Deliver Value for Readers

This morning, I’m bringing you a guest post from Lance Godard, of The Godard Group, who is sharing some excellent tips on how to use content to create and deliver value for readers. Have you been wondering how you bridge that gap between good writing, and great writing that catches the attention of potential clients, referral sources and influencers, and shows you to be a thought leader? Lance has the answers. For over 30 years, Lance has worked with lawyers and law firms to help them craft their messages, so if you’re looking for someone to help you with your content, look no further than The Godard Group.

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