Monthly Archives: July 2021

How the PRO Act Could Change Labor Law – Employment Law This Week Video

As featured in #WorkforceWednesday:  This week, we look at the potential “game changing” legal and policy shifts coming to labor relations.

The Protecting the Right to Organize (PRO) Act, if enacted, would make the most significant changes to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935. The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history.  Attorney Steve Swirsky discusses the potential impact the PRO Act could have on employers. Beyond the PRO Act, Steve also looks at how Jennifer Abruzzo’s confirmation as NLRB general counsel could impact the agency’s litigation and enforcement agenda.

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ILN Today Post

The Wild West of name, image, and likeness: NIL roll-out update

Part 3 in the series “The Wild West of name, image, and likeness: Be prepared when the dust settles.” 

In just a matter of days, athletic directors across the country went from proactively following century-old NCAA guidelines to reactively trying to navigate unknown territory, with virtually no guidelines.

Changing a sentiment that has stood for 115 years doesn’t generally happen overnight. The long-reaching effects of new state laws and federal court rulings on the use of student-athletes’ name, image, and likeness (NIL) have shifted the power-balance within collegiate athletics and created a legal vacuum. Read more…

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Time Is Money: A Quick Wage-Hour Tip on … How to Calculate the Correct Overtime Rate for Hourly Employees That Earn Bonuses, Commissions, etc.

1. Introduction

If you have hourly employees that earn bonuses, commissions, or other performance payments, this article is for you.

Properly compensating such employees is often not as simple as paying “time and a half” or “double-time” for qualifying hours.  Rather, federal law, and the laws of many states, require employers to “recalculate” overtime rates to include certain types of non-hourly compensation and pay overtime at those higher rates.  Many employers fail to make such payments, and of those that attempt to pay overtime (and double-time) at rates which incorporate these additional earnings, many fail to do it correctly.  Either circumstance results in a failure to pay earned wages to employees, which may give rise to lawsuits seeking back wages, penalties, and other relief available under state and federal law.

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How to Create Lasting Change in Your Law Firm

Are we STILL talking about change??

Yes, we are. And for two reasons – first, we’re really still in a global pandemic (the CDC is just about to recommend that vaccinated Americans wear masks indoors again if some of us have even stopped) and second, we all know the joke that the only constants are death and taxes, but truthfully, the only constants are death, taxes, and change.

So, here we are.

We’ve tackled a lot about how to address change within your firms, but the one thing we haven’t looked at closely is what to do once you’re deep into it – which may be where firms are if they’re committed to sticking with moving to remote work.

How do we create lasting change in our firms?

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ILN Today Post

Illinois enacts telehealth parity bill

On July 22, 2021, Illinois Governor J.B. Pritzker signed into law a telehealth coverage and payment parity bill that will permanently expand access to and coverage for telehealth services.

Gov.Pritzker stated that “The legislation I’ll sign today will solidify Illinois as a leader in telehealth access and expansion in the nation” and “Illinois is now one of the first states in the nation to turn our emergency pandemic response into a permanent reality. Not only that, but it expands key telehealth services like Early Intervention programs for early childhood development, adding to the growing number of telehealth services the General Assembly authorized this year.” Read more…

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ILN Today Post

4 employment law lessons from the Olympic Village

Watching the Opening Ceremonies of the Olympics, I reflected on the pageantry, the stories of personal triumph over adversity, and, of course, the employment law issues. Yes, it’s plain to see (at least for any employment lawyer) that the Olympics are a flaming cauldron of employment law issues.

Let’s go to the venues for a closer look at these simmering employment law issues: Read more…

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ILN Today Post

Cybersecurity review and new ideas for listing in Hong Kong

On the evening of 30 June 2021(Beijing time), Didi was officially listed on the New York Stock Exchange. Two days after Didi’s listing, the PRC Cybersecurity Review Office published an announcement regarding the launch of cybersecurity review against Didi (the “Review Announcement”), announcing that the review would be conducted according to the National Security Law of the People’s Republic of China (the “National Security Law”), the Cybersecurity Law of the PRC and the Cybersecurity Review Measures which came into effect on 1 June 2020 (“Cybersecurity Review Measures”). The PRC Cybersecurity Review Office also announced that during the cybersecurity review, no new user was allowed to register with the Didi application. On 4 July 2021 and 9 July 2021, Cybersecurity Administration of China (“CAC”) issued two consecutive circulars, announcing that since Didi Chuxing, Didi Enterprise, and 25 other applications (collectively referred to as “Didi Apps”) had severe violations of rules against personal data collection, those Didi Apps were required to be removed from app stores. Subsequently, CAC issued the Cybersecurity Review Measures (Revised Draft for Comment) (the “Revised Draft”) to further clarify the direction for future cybersecurity review. The Revised Draft directly links cybersecurity review with listing in the United States (the “U.S.”) or other jurisdictions. Read more…

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Senate Confirms Biden Nominee Jennifer Abruzzo as NLRB General Counsel, Paving Way for Pro-Union Shift

On July 21, 2021, the U.S. Senate confirmed Jennifer Abruzzo to a four-year term as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”). Ms. Abruzzo’s confirmation was by a vote of 51-50, with Vice President Kamala Harris casting the tie-breaking vote. Ms. Abruzzo was sworn in the next day, by NLRB Chair Lauren McFerran. As the NLRB notes, this is “the first time in NLRB history women are serving as both Chairman and General Counsel” of the agency.

Ms. Abruzzo has spent much of her career at the NLRB. She previously served as the Board’s Deputy General Counsel and Acting General Counsel during the Obama administration, and most recently served as Special Counsel for Strategic Initiatives to the Communication Workers of America (“CWA”), the country’s largest communications and media labor union. The CWA, like most other unions, is a strong supporter of the Protecting the Right to Organize Act, commonly referred to as the “PRO Act.”

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ILN Today Post

E-LEGAL® ARTICLE- THE EXTRAORDINARY PROCESS OF VIABILISATION OF COMPANIES LAW NO. 75/2020, OF NOVEMBER 27

Summary
The pandemic caused by the disease COVID-19 brought with it social and economic consequences that required the adoption of a panoply of exceptional measures. To prevent the coming economic crisis, stabilisation measures were created, which were presented in the Ministers’ Resolution no. 41/2020 of June 6, including the Economic and Social Stabilisation Programme. To this end, on November 27, Law no. 75/2020 was published in order approve the Extraordinary Company Viability Process, of an exceptional and temporary nature, which can be used by any company that, not having a Special Revitalisation Process pending, is in a difficult economic situation or in a situation of imminent or current insolvency caused by COVID-19 disease and demonstrates that it is still susceptible to viability. Read more…

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Chambers HNW 2021 Recognizes Connolly Gallagher for Delaware Private Wealth Law

In its 2021 guide, Chambers High Net Worth ranked Connolly Gallagher LLP for Private Wealth Law in Delaware. Sources report the Trusts & Estates team has “a tremendous amount of integrity and deserve a tremendous amount of respect in terms of their ability as lawyers.

Three Connolly Gallagher attorneys appear in the individual rankings of leading Delaware Private Wealth Law lawyers, with Gregory Weinig recognized for the second year in a row in Band 1 for Private Wealth Law. In addition, Scott Swenson has been recognized in Band 1 for Private Wealth Disputes.

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