Monthly Archives: October 2020

Ingrid Boghossian Joins RSS’s Family Law Practice Group

October 26, 2020 — RSS is pleased to announce that Ingrid Boghossian has joined its Family Law Practice Group.

A member of the Bar since 2017, Ingrid has already accumulated substantial experience with all aspects of matrimonial law before trial courts and the Court of Appeal of Quebec. She has represented clients in cases raising major financial stakes as well as matters arising from particularly delicate and difficult situations for spouses and their children.

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Emerging From the COVID-19 Pandemic: Returning Employees and Benefits Considerations

During the coronavirus pandemic, businesses were faced with myriad important employment considerations, including the difficult decision of having to furlough or lay off employees. Even those that did not take such actions may have had far more employees requesting a leave of absence than in prior years, especially as a result of the new legislation enacted to address the crisis. The employment changes that occurred as
a result of the pandemic have caused employers to focus on employee leave administration. Employers have had to consider a number of legal requirements in connection with those employment changes and continue to grapple with these requirements as they bring employees back to work. In addition, employers must consider the potential impact these employment changes may have on the employer’s benefit and compensation programs as they bring employees back, and will need to familiarize themselves with a number of legal requirements as they do so. Read more…

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Are You Monitoring Your Exports Compliance?

Recent changes to the Export Administration Regulations require U.S. exporters to now file Electronic Export Information (EEI) when shipping an expanded range of items to users in China, Russia, and Venezuela. As we have seen industry and even U.S. government agency confusion and requests for guidance, we have outlined and summarized the specific changes HERE.

Based on recent questions received by some of our clients, we have also developed an EEI Guide to serve as aid and guidance as you navigate the increasingly complex EEI filing requirements. You can find this guide as well as other guides at our website under Insights ➡️ Resources ➡️ Guides section, or click HERE.

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Ohio DAS Updates and Sets New Rules for the EDGE, MBE, and WBE Programs

The Ohio Department of Administrative Services (DAS) has adopted updated rules for the State’s Minority Business Enterprise (MBE) and Encouraging Diversity, Growth, and Equity (EDGE) programs, and established rules for the new Women’s Business Enterprise (WBE) program.

With respect to the MBE program, the most notable update involves an effort to curtail front companies and pass-through entities that adversely impact legitimate MBE companies. The updated rules will require MBEs to demonstrate a commercially useful function that is actively involved in the performance of a contract. This requirement already exists for EDGE companies, but is now being expanded to MBEs.

Click here to read the entire article on the new rules updated and set by Ohio 

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ILN Today Post

Ohio DAS Updates and Sets New Rules for the EDGE, MBE, and WBE Programs

The Ohio Department of Administrative Services (DAS) has adopted updated rules for the State’s Minority Business Enterprise (MBE) and Encouraging Diversity, Growth, and Equity (EDGE) programs, and established rules for the new Women’s Business Enterprise (WBE) program.

With respect to the MBE program, the most notable update involves an effort to curtail front companies and pass-through entities that adversely impact legitimate MBE companies. The updated rules will require MBEs to demonstrate a commercially useful function that is actively involved in the performance of a contract. This requirement already exists for EDGE companies, but is now being expanded to MBEs. Read more…

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The Growing Social Movement Supporting Benefit Corporations and Certified B Corps is Here to Stay

The COVID-19 pandemic has brought the concept of the common good and safety of the community to the forefront of business discussions. These themes are accelerating more discussion in business circles in Ohio and throughout the nation regarding the benefit corporation movement.  This movement appears to be here to stay. Read more…

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Time Is Money: A Quick Wage-Hour Tip on … Regular Rate Exclusions Applicable to Year-End Bonuses

With the end of the year just around the corner, many employers may be contemplating giving year-end bonuses to their non-exempt employees. And bonuses, year-end or otherwise, can create problems for employers when it comes to calculating overtime compensation for those employees.

One mistake some employers make concerns calculating an employee’s regular rate for purposes of paying overtime premiums.  Indeed, many employers have found truth in the adage “no good deed goes unpunished” after implementing bonus policies or issuing other forms of compensation intended to reward employees, only to later discover that those payments had the unintended effect of increasing their employees’ regular rate and, thus, the overtime premiums that those employees should have received.

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California Election Day Stakes for Ride Share Companies Just Got Higher After Appellate Ruling

November 3, 2020 has been circled on the calendars of app-based ride share and food delivery companies doing business in California for many months now.  After a new ruling by the California Court of Appeal, those companies have likely gone back and circled that date a few more times in thick red ink.

On November 3, 2020, California voters will decide the fate of Proposition 22, the ballot initiative that, if passed, will allow app-based ride share and food delivery companies to treat drivers as independent contractors rather than as employees, carving them out of California’s controversial AB 5 statute.  (As we explained here, AB 5 codified and expanded the “ABC” test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court for determining whether workers in California should be classified as employees or as independent contractors.)

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CCPA Updates for Late 2020

On October 12, 2020, the California Attorney General issued its notice and third set of proposed modifications to the regulations implementing the California Consumer Protection Act (“CCPA”). These proposed modifications would change the regulations that were approved by the California Office of Administrative Law on August 14, 2020. The California Department of Justice is accepting written comments from the public on these proposed revisions to the regulations until October 28, 2020 at 5:00 p.m. PST.

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Video: OFCCP Guidance on Diversity Training, Starbucks’ Diversity Plan, Time Off to Vote – Employment Law This Week

As featured in #WorkforceWednesday:  This week, federal contractors receive guidance on diversity training, while many employers are committing to diversity and inclusion anew with updated plans and time off to vote.

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