Monthly Archives: March 2021

ILN Today Post

Serial Article II: Practical Guidance on Chinese Company Chops and Legal Representatives’ Signatures – Safeguarding and Verifying Chops

Needless to say, it is important to make sure that a chop or signature is genuine. But in reality, it is impractical, if not impossible at all, to expect checks to be conducted at the forensic, or quasi-forensic level. Read more…

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Holly and DeLuca Present at the Delaware State Bar Association’s Labor and Employment Law Update 2021

Holly and DeLuca Present at the Delaware State Bar Association’s Labor and Employment Law Update 2021

On Tuesday, March 9, 2021 both Connolly Gallagher labor and employment attorneys, Tim Holly & Lauren DeLuca will present at the Delaware State Bar Association’s Labor and Employment Law Update 2021. Lauren will co-present with Dan Herr to provide the “Employment Rights & Responsibilities Case Law Update.” Tim will co-present with Kevin Fasic and provide a “Delaware Legislative Update.”

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ILN Today Post

Howard & Howard Names R. Saleha Mohamedulla as Leadership Council on Legal Diversity Fellow

ROYAL OAK, Mich., March 9, 2021 – Howard & Howard has selected R. Saleha Mohamedulla as a member of the 2021 class of Fellows, participating in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation of leaders in the legal profession. Saleha is one of 418 new Fellows, a group of talented and diverse, mid-career attorneys who have been selected by 293 LCLD member corporations and law firms to participate in this career development program.

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New York State’s Paid Sick Leave Law Preempts Westchester County’s Earned Sick Leave Law

The Westchester County Human Rights Commission (the “Commission”) has announced that the county’s Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York’s Paid Sick Leave Law (“Law” or “PSLL”), which took effect on September 30, 2020. Westchester County’s law had required that eligible employees accrue one hour of sick time for every 30 hours worked, up to a maximum of 40 hours per year.

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New Jersey’s Legalization of Recreational Marijuana Protects Employee Users While Still Prohibiting High Times at Work

On February 22, 2021, Governor Murphy signed three separate cannabis reform bills into law that formally legalize the use and possession of recreational marijuana in the Garden state: (1) the “New Jersey Cannabis Regularly, Enforcement Assistance, and Marketplace Modernization Act” (the “Cannabis Act”) (NJ A21), which legalizes the recreational use and possession of cannabis or cannabis products (collectively “cannabis items”) for adults; (2) a  decriminalization law (NJ A1897), which legalizes the possession of up to six ounces of cannabis and provides for certain criminal and civil justice reforms related to marijuana and hashish offenses, and (3) a “clean up” bill (NJ A5342/NJ S3454), which concerns penalties for underage cannabis offenders and dictates how police may interact with youth offenders. We summarize the relevant provisions for employers below.

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ILN Today Post

MARYLAND PASSES DIGITAL ADVERTISING TAX

After more than a year of contention, Maryland’s proposed digital advertising services tax has become law (the Act). On February 12, 2021 the Maryland Senate voted to override Governor Hogan’s previous veto of the legislation. The Act requires “persons” to pay a tax at rates between 2.5 percent and 10 percent on “annual gross revenues [of such person] derived from digital advertising in the state [of Maryland].” However, due to vague drafting, who must pay — and how much — remains uncertain in many cases.

Digital Advertising Services Tax

The definition of “digital advertising services” is open-ended. The Act provides only that it “includes” (but presumably is not limited to) “advertisement services on a digital interface” meaning “any type of software, including a website,” including “banner advertisements and also search engine advertising, interstitial advertising, and other comparable advertising services.” Read more…

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Responding to Law Enforcement Demands for HIPAA Protected Information

Medical providers are often asked, or feel obligated, to disclose confidential information about patients.  This blog post discusses when disclosures of confidential medical information involve law enforcement, but the general principles discussed herein are instructive in any scenario.  To protect patient confidentiality and avoid costly civil liability arising from improper disclosures, it is imperative that providers ask questions to assess the urgency of any request and to understand for what purpose the information is sought by authorities.  Knowing what questions to ask at the outset prepares providers to make informed decisions about disclosing confidential information in a manner that balances the obligation to maintain patient confidentiality and trust with legitimate law enforcement requests for information aimed at protecting the public.

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ILN Today Post

Regulators Clarify COVID-19 Relief Deadline Extension

Plan sponsors and administrators have been grappling with how to handle the possible expiration of the extension relief granted for certain deadlines applicable to group health plans under the “Joint Notice” published in May 2020 (the 2020 Guidance). With just two days to go before the 2020 Guidance was set to expire on February 28, 2021, the Department of Labor (DOL), in coordination with the Internal Revenue Service (IRS) and the Department of Health and Human Services (HHS) (collectively with the DOL, the Agencies), issued the EBSA Disaster Relief Notice 2021-01 (the Notice), which clarified that the extension relief granted under the 2020 Guidance will extend past the February 28, 2021 statutory expiration date. Read more…

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ILN Today Post

A Practical Discussion on Scope of HGR Administration

With the development of bio-pharmaceutical technology, human genetic resource has increasingly been an area which attracts great attentions and heavy investment.  In response, the government has been strengthening the administration on researches by using human genetic resources (HGR).  The Ministry of Science and Technology issued the Administrative Regulation of Human Genetic Recourses (the HGR Regulation) which became effective on 1 July 2019 to replace the Provisional Measure for HGR Administration (the HGR Measure) effective on 10 June 1998; and the Standing Committee of the National Peoples Congress promulgated the PRC Biological Safety Law (the Biological Safety Law) which will become effective on 15 April 2021. Read more…

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Illinois Department of Labor Issues Guidance on Providing Leave for Employees to Get Vaccinated

The Illinois Department of Labor (IDOL) has issued March 2021 guidance for employers on “Compensation, Paid Leave and the COVID-19 Vaccine,” advising employers on providing employees with time off and flexibility in order to get the first (and as necessary, the second dose) of the COVID-19 vaccine.

Mandatory Vaccination Programs

The IDOL guidance states that pursuant to the Illinois Minimum Wage Law and the federal Fair Labor Standards Act, if an employer requires employees to get vaccinated, then the time the employee spends getting the vaccine “is likely compensable,” even if the employee gets vaccinated during non-working time.

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