As discussed in an earlier blog post, the New York state Stop Hacks and Improve Electronic Data Security Act (or “SHIELD Act”), was signed into law on July 25, 2019. A potential unintended side effect of the SHIELD Act may require health care companies to provide notification to the NY Attorney General for events that occurred well before its enforcement date. While the SHIELD Act’s data security requirements, which are covered under §4, will not come into effect until March 21, 2020, all other requirements, including the breach notification requirement, became effective on October 23, 2019. The notification enforcement date is important for any Covered Entity, as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), that has suffered a Breach, as defined by HIPAA, involving fewer than 500 individuals (“Minor HHS Breach”), was a breach of computerized data, and involved a New York resident.
Monthly Archives: February 2020
Employers in New York, the second-most unionized state in the country, have lost another key point of leverage in collective bargaining. Effective February 6, 2020, Senate Bill 7310 reduces the amount of time striking workers in the private sector must wait before they are eligible to receive unemployment benefits. While New York is one of only a handful of states to allow strikers to receive unemployment benefits, the seven week waiting period that has applied until now, has served as a deterrent to strikes. The new, shorter waiting time has the potential to profoundly affect the calculus and reduce employers’ economic leverage in collective bargaining because earlier access to unemployment benefits will soften the blow that a strike has on an employee’s financial well-being and potentially increase the willingness of unions and employees to strike.
Delaware is reminding its employers that a safe, drug-free workplace can pay. On February 1, the state’s Department of Insurance (the “Department”) amended its regulations to emphasize the availability of workers’ compensation insurance discounts of up to 19 percent for employers who participate in the Delaware Workplace Safety Program (the “Program”), and who implement a drug-free workplace program at their worksites. The amended regulations took effect on February 11, 2020.
In this week’s rainmaking recommendation from expert and trainer, Jaimie Field, she talks about “failure to implement” syndrome – read on to find out what that means, and how to solve it. I’ll add my two cents as well – when you’re struggling because you have all the information you need to make changes, but you’re just.not.making.them, what you need to do is find your “why.” That is the thing that’s going to get you moving when you don’t feel like making change. It has to be a big enough why that even when you’re tired or frustrated or burned out, you’ll still take action, so it may take some soul searching. But it will be worth it. Read on to see what Jaimie suggests!
Just getting it in under the wire – I wanted to take the opportunity to mark the occasion of Zen & the Art of Legal Networking’s 11th Anniversary. Eleven is a lot of years to be writing – I started this blog when I was only four years into my career with the ILN, when I was still finding my way in the legal industry, and it helped me to gain confidence, meet talented, smart people, and engage in thoughtful conversations around interesting topics that were and continue to shape our field. In that time, I’ve published 1,265 posts, a number of them guest posts from amazing contributors. We’ve looked at topics ranging from leadership, the future of the legal, networking, business development, relationship development and more to content marketing, social media (from its first baby steps to where it is now), and legal marketing. I look forward to seeing what the future brings, and hope to continue to bring you interesting content and topics for many years to come!
The U.S. Department of Labor’s (DOL) new rule governing joint employer liability for wage and hour violations under the Fair Labor Standards Act (FLSA) goes into effect on March 16, 2020. The rule is intended to clarify the circumstances under which more than one entity may be jointly and severally liable to an employee for payment of minimum wage and overtime under the FLSA. The intent of the rule is to achieve greater uniformity in determining joint employer status and, ultimately, to reduce the volume of related litigation. Read more…
ROYAL OAK, Mich., February 25, 2020 – Royal Oak, Michigan-based Howard & Howard has continued the expansion of its Las Vegas, Nevada office with the addition of five new attorneys. Karson Bright, Kirill V. Mikhaylov, Cami M. Perkins, L. Christopher Rose, and Christopher M. Warburton have all joined the firm.
“We’re thrilled that these five attorneys have joined our busy and fast-growing Las Vegas office,” said Mark Davis, President and CEO of Howard & Howard. “Each one brings a unique level of individual talent and practical experience to the firm. They are committed to serving our clients as trusted legal advisors and business partners in any transaction, dispute, or other legal challenge they encounter.”
In Hungary the overall tax burden on employment income represents 44% of the total wage cost. Here are the most efficient ways to cut this tax bill.
Employee share can be granted to employees free from taxes and any dividend distributed on such shares enjoys a low taxation of 15% in the employees’ hands. This means a tax saving associated by a higher motivation of the employees arising from their owners’ status in the employing company. There exists various legal techniques to avoid, at the same time, the interference of the employees in the strategic decisions of the company.
ESOP can be best described as a “holding foundation”, owning shares in the employer in favour of the participating employees. Similar to employee shares, share grants through an ESOP enjoy tax exemption and employees may realise income at an overall 15% taxation. One of the advantages of ESOP, compared to employee shares, is that it may also be used to distribute proceeds of an exit in a tax efficient manner. Read more…
- Commercial Disputes (mid-market)
- IP Disputes
- Criminal Defense: White-Collar Crime
The National Labor Relations Board has announced the issuance of its final rule governing joint-employer status. The new rule, which was first proposed in September 2018 and has been the subject of extensive public comment, will become effective April 27, 2020.
The critical elements for finding a joint-employer relationship under the new rule is the possession and the exercise of substantial direct and immediate control over the terms and conditions of employment of those employed by another employer. The essence of the new rule is described in the Board’s February 25, 2020 press release: