Monthly Archives: December 2019

Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather

As winter once again approaches, employers, particularly those in cold-weather states, face the recurring specter of inclement weather affecting business operations and employee attendance.  While the weather may create stress and disruption for a business and its people, employers must not lose sight of the fact that the rules governing how you pay your employees continue to apply throughout any weather event.

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Department of Labor Issues Final Rule Updating Regulations Addressing When Pay and Benefits Factor into the FLSA Regular Rate

On December 16, 2019, the United States Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register a Final Rule updating the Fair Labor Standards Act (“FLSA”) regulations that govern, among other things, whether certain types of pay and benefits constitute part of a non-exempt employee’s regular rate of pay for purposes of calculating overtime under federal law.  Under section 7(e) of the FLSA, an employee’s regular rate for any given workweek “shall be deemed to include all remuneration for employment paid to, or on behalf of the employee, but shall not be deemed to include” pay or benefits falling within eight enumerated exclusions.

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ILN Today Post

A Future Based on Creditworthiness——Review of China’s Corporate Social Credit System and Corporate Compliance

“China has newly introduced its corporate social credit system (the “CSCS”)”, “the CSCS is mainly targeting European and American companies in China” and “the 2020 deadline is near and there is not much time left for foreign companies in China”, since the second half of 2020, headquarters and local offices of multinational companies operating in China have received many alert emails so headlined. Some consulting agencies held several seminars on the CSCS topic, which were quite popular among the concerned companies despite the costly tickets. Setting aside the hyperboles in these agencies market campaigns, the authors believes the CSCS’ profound influence on companies business operation in China.

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Fourth Release of “Buying & Selling Real Estate: An International Guide”

Our Real Estate Specialty Group announced today the fourth release of its publication, “Buying & Selling Real Estate: An International Guide.” This collaborative electronic guide offers a summary of key real estate law principles in almost 30 jurisdictions across the globe, serving as a quick, practical reference for those buying & selling real estate in these jurisdictions.

We’re so pleased to offer the fourth edition of our guide, which builds on our previous efforts. We have expanded the guide by six jurisdictions, including Colombia, Hungary, India, Norway, Panama, and Singapore. The group has also updated the guide with the latest figures and regulations for their countries. It’s a practical and valuable resource for firms and companies with multinational real estate needs.

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Liability for non-compliance with the requirements on the localization of personal data of Russian nationals to become more stringent

On December 2, 2019, Federal Law No. 405-FZ1 entered into force. This act significantly increases administrative liability for violations of the requirements on the localization of databases containing personal data of Russian nationals. The localization requirement was first introduced into the Russian legislation in 2014 and imposed an obligation to locate servers with the personal data of Russian nationals only in the territory of the Russian Federation.
It should be noted that previously, the maximum fine for a violation of the localization requirements, that is, for a refusal to provide information on the implementation of the requirements of the law under Art. 19.7 of the Administrative Offenses Code, was RUB 5 thousand. Many major foreign companies were held liable for such violations under Art. 19.7 of the Administrative Offenses Code. Thus, in 2016, LinkedIn2 was blocked for such a violation, and in 2019, Facebook3 and Twitter4 were fined in the amount of RUB 3 thousand each.
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ILN Today Post

Disqualification of Directors – An Update

The Hon’ble High Court of Delhi in a recent judgment dated November 04, 2019 in the matter of Mukut Pathak & Ors. vs. Union of India and Anr. [W.P.(C) 9088/2018 & CM Appln. No. 35006/2018] interpreted the provisions of Section 164(2) of the Companies Act, 2013 (“CA 2013”) in detail including disqualification of directors, retrospective applicability of the section and applicability of principles of natural justice and discussed its consequent repercussions under Section 167(1) of the CA 2013.

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NLRB Issues Proposed Rule to Scale Back 2014 Expedited Election Rules

The National Labor Relations Board (“Board” or “NLRB”) has announced that it is publishing proposed changes to its Rules and Regulations that will begin to reverse the Board’s 2014 changes, which took effect in 2015, to its representation election rules and procedures commonly referred to as the “ambush election rules.”  The proposed final rule is expected to be published in the Federal Register on December 18, 2019 and to become effective 120 days after publication.

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Trusts and Family Patrimony: The Supreme Court Rules

By Stewart Litvack and Louis Dessureault, from our Estates, Wills and Trusts Group

December 13, 2019 — The Supreme Court issued yesterday a much anticipated decision on the application of family patrimony rules where a family residence is held by a trust rather than by either spouse.

In Yared v. Karam, 2019 SCC 62, the Supreme Court, in a 5–2 decision, resolved the issue by deciding that the value of a family residence held in a trust can be included in the family patrimony when it is determined that a spouse retains the rights that confer use.

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Non-Compete Laws: Connecticut – Practice Note Update

Thomson Reuters Practical Law has released the 2019 update to “Non-Compete Laws: Connecticut,” a Practice Note co-authored with David S. Poppick and Carol J. Faherty.

See below to download it in PDF format—following is an excerpt:

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Rainmaking Recommendation from Jaimie Field: Big Hairy Audacious Goals

This week, rainmaking trainer and coach, Jaimie Field, gets very personal about her story, and “Big Hairy Audacious Goals” for 2020. It’s a must read that I think will really resonate with you.

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We are getting close to the end of the year.  And now is the time that many people look back on what happened in the past year and try to figure out what they want to accomplish in the next.  Every year we begin really fired up, but end the year pretty much the same as the beginning of the year. If you are like most, you be ending the year having not accomplished the goals you wanted to achieve at the beginning of the year.  How do I know this – two reasons – one, I am like you and some years I achieve all I want and others (like this past year) I don’t.  And the second reason is that statistics show that most people do not achieve their new year’s resolutions.

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