Blog Archives

Announcing Our Combined Blog!

As with our merger, two highly informative blogs geared towards employers have been combined – WISE: Workplace Initiatives by Saul Ewing and The General Counselor, are now WISE: Workplace Initiatives and Strategies for Employers. Our combined blog will keep you WISE with labor and employment law updates and up-to-date on various issues. Please check out our blog here and subscribe to our email list to stay informed.

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Mandatory Employee Handbook Policies – Part II

EMPLOYMENT LAW ESSENTIALS

E. Jason Tremblay

E. Jason Tremblay

In light of the huge increase in wage and hour litigation under the Fair Labor Standards Act (FLSA) and related state law, employers must clearly outline policies addressing wage and hour issues, such as timekeeping, overtime, lawful deductions for exempt employees and “safe harbor” rules. Building on my last article on mandatory handbook policies, this article highlights the mandatory policies addressing various wage and hour issues that, if properly drafted and followed, can reduce the threat of litigation and/or provide defenses to a company if it is involved in wage and hour litigation.

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Win or lose, you pay PTO attorneys’ fees for challenging decisions in District Court

When the U.S. Patent and Trademark Office (“PTO”) rejects a patent application, the applicant has two options for judicial review. It can either appeal directly to the U.S. Court of Appeals for the Federal Circuit under 35 U.S.C. §141, or file a new (“de novo”) civil action against the Director of the PTO in the U.S. District Court for the Eastern District of Virginia under §145. Unlike an appeal, a de novo proceeding entitles a rejected applicant to some procedural advantages, such as the ability to conduct discovery and to introduce new evidence, rather than relying solely on the record made before the PTO in prosecuting the patent application.

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Employee Handbooks – Should You Maintain One?

EMPLOYMENT LAW ESSENTIALS

E. Jason Tremblay

E. Jason Tremblay

A threshold issue facing many companies is whether to publish an employee handbook. The purpose of an employee handbook is to provide a company’s employees with the company’s policies and inform them of the rules that govern them throughout the stages of employment. Through an employee handbook, employers notify employees about the legal rights and obligations they both have in the employment relationship. While an employee must comply with the policies contained in an employee handbook, a handbook should not be drafted in a way so as to create an employment contract with the employee. In other words, the employee handbook, while specifically describing the rights and duties of the employee, should be drafted in a way so as to maintain the “at will” relationship between the employer and the employee.

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EB-5 Investment Funds – Updated Redeployment Standards and Guidelines

UPDATED
WHITE PAPER: STANDARDS AND GUIDELINES FOR REDEPLOYMENT OF EB-5 INVESTMENT FUNDS

Prepared by:
Arnstein & Lehr LLP
Klasko Immigration Law Partners, LLP
Jeffer Mangels Butler & Mitchell LLP

Now that the USCIS has released amendments to its Policy Manual regarding the required “sustainment period” for EB-5 investors to retain their investments “at risk,” the authors of this updated White Paper have revised our original standards and guidelines for redeployment of EB-5 investment capital issued in February 2017 to reflect the new policies adopted by the USCIS on redeployment. We believe that the guidelines provided in this updated White Paper should meet the “sustainment” requirements established by USCIS in its amended Policy Manual, and should also meet the requirements of federal securities laws and the fiduciary duties of the general partner or manager of each new commercial enterprise when making a decision to redeploy their investment capital in a new investment.

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China Home Buying and Pricing Increase Trend

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

The phenomenon of escalating home buying and prices continues in China. According to recent publications, the real estate sector now accounts for one-third of China’s GDP compared to 10% just a decade ago. Household debt has increased significantly during the last decade (now 42%). However, since it is only as a share of new loans, it is still far less than the 78% factor encountered in the United States. Home prices have dramatically risen in the major cities in China compared to other major cities in the world. Intensified government restrictions have apparently created an accelerated effect on home buying. Sources indicate that at the end of 2016, real estate accounted for approximately 69% of household assets compared to less than 60% in the U.S.

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Arnstein & Lehr Partner Gary Brown Talks Construction Law

Arnstein & Lehr Fort Lauderdale Partner Gary L. Brown presented an informational webinar titled, “Construction Law: Ultimate Bootcamp.” The topics discussed were Key Contract Terms, Managing Risk, Design Deficiencies, Changes and Delays, and Remedies for Non-Payment.

The webinar was co-sponsored and hosted by the Palm Beach County Bar Association live on June 27, 2017, but the recorded version can be viewed here.

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Properly Maintaining Personnel Files

EMPLOYMENT LAW ESSENTIALS

E. Jason Tremblay

E. Jason Tremblay

Properly Maintaining Personnel Files

Since virtually all employment disputes relate in some way to what documents are kept in an employee’s personnel file, it is crucial that employers properly maintain employee personnel files. Of course, few employers enjoy dealing with paperwork, but taking the time to properly create and maintain personnel files will pay off in the long run.

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EB-5 Redeployment and the New USCIS Policy Guidelines

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

It seems as though the EB-5 Program is a moving target. First, we received notification in August of 2015 that loans could be repaid before I-829 final adjudication after the required jobs have been created, provided that funds were then deployed in an “at-risk” activity. Then the Policy Guidelines attempted with great difficulty of trying to clarify what “at-risk” means. One could argue that their examples and statements both directly and through footnotes created more confusion than clarification.

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Employer and Labor Law Posting Requirements

EMPLOYMENT LAW ESSENTIALS

Employment Law Toolkit Information Series

E. Jason Tremblay

E. Jason Tremblay

Employer and Labor Law Posting Requirements

Employment and labor laws require employers to post state, federal and locally mandated posters where visible to employees that inform them of their employment and labor law rights. An employer’s failure to post such mandated posters can subject it to fines and penalties, as well as lawsuits. There have also been cases that have held that an employer’s failure to post a required labor law poster tolls the applicable statute of limitations for certain employment discrimination causes of action. Accordingly, an employer should routinely ensure that it is posting the required notices and that those notices are current and updated with the most recent version of the notice.

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