Monthly Archives: October 2020

ILN Today Post

Where Does Your Food Come From? FDA Proposes Changes Affecting Traceability Records for Certain Foods

On September 21st, the U. S. Food and Drug Administration (FDA) announced a proposed rule change to the Food Safety Modernization Act (FSMA).[1] If adopted, this rule would bring a significant change to FSMA and new compliance requirements to food industry stakeholders.

The proposed rule, “Requirements for Additional Traceability Records for Certain Foods” or the Food Traceability Proposed Rule,[2] would put into practice the requirements established in FSMA Section 204(d) “Additional Recordkeeping Requirements for High Risk Foods.” Generally, the proposed rule would establish new traceability recordkeeping requirements for the manufacture, processing, packing, or holding of foods that the FDA designates are at high risk for potentially creating a public health risk due to foodborne illness outbreaks. These foods are listed on the “Food Traceability List” (FTL) that was released simultaneously with the proposed rule. The list includes 16 types of fruits and vegetables, fish and shellfish, nut butters, eggs, and cheeses. Read more…

Read full article

Video: Responding to Off-Duty and Other Conduct – Employment Law This Week

As featured in #WorkforceWednesday:  The appropriate response to an employee’s controversial off-duty or other conduct, particularly conduct that occurs on social media, has long been an uncertain area for employers. And in these polarized times, that uncertainty is only growing. Attorney Adam Forman speaks to how employers can legally respond to offensive employee conduct that occurs beyond the workplace.

Read full article
ILN Today Post

Cannabis Control Commission Publishes Proposed Regulations to Establish Wholesale Delivery License

On September 28, 2020, the Massachusetts Cannabis Control Commission (CCC) published revised draft regulations clarifying and modifying the requirements applicable to cannabis enterprises and agents, including establishing a new Wholesale Delivery License. This new license category would enable licensees to warehouse cannabis products purchased from cultivators, craft cooperatives, microbusinesses, and product manufacturers for resale by delivery to end users. The existing delivery license, which entitles licensees to deliver products from a licensed retailer, would be renamed a Limited Delivery License and have lower application and maintenance fees than the new Wholesale Delivery License. Like the Limited Delivery License, the Wholesale Delivery License would be limited to economic empowerment and social equity program participants for a proposed three-year period (up from two years in the original draft regulations).

Read full article

COVID-19: RSS’s Responses (updated October 2)

From day one of the crisis that we are living, RSS has sprung to action to face the situation.

We have explored the legal aspects of the situations arising from the pandemic. The legal system is surely hit by the pandemic; but it also brings solutions. RSS wishes to bring to your attention the results of some of these analyses.

Read full article

Notice to Employers: Economic Recovery Benefits and New Protection for Employees in the Event of Absence Related to COVID-19

By Eliab Taïrou, from our Labour and Employment Law Group

October 2, 2020 — On October 1, 2020, An Act relating to certain measures in response to COVID-19 (Bill C-4 — formerly C-2) was passed by the House of Commons of Canada and now awaits Senate support and Royal Assent before coming into force.

This legislation comes following the expiry of the Canada Emergency Response Benefit (CERB) program and includes three financial support measures to assist workers as part of the country’s economic recovery:

Read full article

U.S. Department of Labor Proposes New Rule for Distinguishing Independent Contractors from Employees Under the FLSA

On September 22, 2020, the U.S. Department of Labor (“DOL”) released its highly anticipated proposed rule for distinguishing independent contractors from employees under the Fair Labor Standards Act (“FLSA”).

When evaluating independent contractor status under the FLSA, courts have traditionally applied what is known as the “economic realities” test. The test varies slightly from circuit to circuit, and, perhaps, court to court, but courts generally consider the following factors on a non-exclusive basis: (i) the degree of control that the putative employer exercises over the workers; (ii) the workers’ opportunity for profit or loss, and their investment in the business; (iii) the degree of skill and independent initiative needed to perform the work; (iv) the permanence or duration of the working relationship; and (v) the extent to which the work is an integral part of the putative employer’s business. No single factor is dispositive, and the determination turns on a holistic assessment of the totality of the circumstances (i.e., the economic reality of the worker’s relationship to the putative employer).

Read full article
ILN Today Post

Bankruptcy and the construction industry

On this episode of MH Business Exchange, attorneys Owen Quinn and Marc Carmel join host Mike Witzke to discuss what happens when a general contractor files for bankruptcy and what happens when a project owner files for bankruptcy.
READ MORE

Read full article
ILN Today Post

“GRAND FINALE?” — SUPREME COURT TO ADDRESS THE DEFINITION OF “AUTOMATIC DIALER” UNDER THE TCPA

Since 1991, the Telephone Consumer Protection Act (TCPA) has set out to end unwanted contact from telemarketers, generally prohibiting (among other things) the use of an “Automated Telephone Dialing System” (ATDS) to call wireless phone numbers without the appropriate level of prior consent.

As explained in our previous alerts here and here, the broadly-worded TCPA has been applied to an expansive array of automatically initiated calls, including not just telemarketing calls or prerecorded messages, but market research calls and text messages as well. Read more…

Read full article

Rainmaking Recommendation from Jaimie Field: Confessions of a Chronic Procrastinator

In this week’s rainmaking recommendation from trainer and coach, Jaimie Field, she talks about procrastination, which might resonate with you. Read on to find out how she combats it!

***

My name is Jaimie Field and I am a chronic procrastinator.

I thought that would feel better getting that out in writing, but honestly, it doesn’t because I am not sure when this procrastination habit began.  And make no mistake, procrastination is both a habit, and according to Mel Robbins, the author of the 5 Second Rule, “a form of stress relief.”

Read full article

Rainmaking Recommendation from Jaimie Field: Confessions of a Chronic Procrastinator

In this week’s rainmaking recommendation from trainer and coach, Jaimie Field, she talks about procrastination, which might resonate with you. Read on to find out how she combats it!

***

My name is Jaimie Field and I am a chronic procrastinator.

I thought that would feel better getting that out in writing, but honestly, it doesn’t because I am not sure when this procrastination habit began.  And make no mistake, procrastination is both a habit, and according to Mel Robbins, the author of the 5 Second Rule, “a form of stress relief.”

Read full article