Organizational Changes at the NLRB – Employment Law This Week

Featured on Employment Law This Week: Organizational Changes at the NLRB

General Counsel Peter Robb could be signaling a shift at the NLRB – Robb has  reportedly suggested structural changes that could establish a new layer of management between the General Counsel and the field. These reports come as the NLRB seeks to adjust to cuts to its budget and a decline in case filings. If implemented, the changes could remove authority from the Regional Directors and shift more decision-making to the GC. Sources report that some changes are likely before the new budget year next October.

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Which States Are Likely to Enact Laws Restricting Non-Compete Agreements in 2018?

Several states in recent years have enacted laws that have been designed, in varying degrees, to limit non-competes, including California, Illinois, and Nevada. Which states and cities are most likely to do the same in 2018?

The New Hampshire and New York City legislatures have introduced bills that seek to prohibit the use of non-compete agreements with regard to low-wage employees. Under New Hampshire’s Bill (SB 423), a “low-wage employee” is defined as one who earns $15.00 per hour or less.  The New Hampshire Bill was introduced on January 24, 2018 and is scheduled for a hearing in February. 

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Talking Tax – Issue 106

Case law

Transfer of interest in land-owning partnership not liable for stamp duty

In Commissioner of State Revenue v Danvest Pty Ltd & Anor [2017] VSCA 382, the Victorian Supreme Court of Appeal dismissed the Commissioner of State Revenue’s (Commissioner) appeal and held that the sale and purchase of a partner’s interest in a land-owning partnership was not a “transfer of dutiable property” under section 7(1)(a) of the Duties Act 2000 (Duties Act) on the basis that it is not an interest in an estate in fee simple in the land owned by the partnership.

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Letter from U.S. Senators Applies Additional Pressure to DEA to Promulgate “Special Registration” Rules Under the Ryan Haight Act

The calls for utilizing telemedicine in battling the opioid crises in the U.S. are growing louder. On January 30, 2018, Senators Claire McCaskill (D-Mo.), Lisa Murkowski (R-Alaska), and Dan Sullivan (R-Alaska), sent a letter to Robert W. Patterson, the Acting Administrator of the U.S. Drug Enforcement Administration (DEA), urging the agency to promulgate regulations that would allow healthcare providers to prescribe medication-assisted treatments via telemedicine for persons with opioid dependence disorder.

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ILN Today Post

Privatization of electric power generation concessionaires: creation of new 30-year concession possible

On January 26, 2018, Federal Decree 9.271 / 2018 was published, which regulates the granting of concessions in the electric sector associated with the privatization of the concession holder of a public electric power generation concession.

In summary, the Federal Government tries to stimulate the market to participate in the privatization auctions of the electric power generation public service concessionaires, by predicting that the winning companies of the auction will have the possibility of granting a new concession contract by the up to 30 years from the date of its execution.

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ILN Today Post

New ANP resolution for pipelines of less than 15KM

Resolution No. 716 of 01/17/2018 was issued, which regulates the use by third parties of oil pipelines, their derivatives and biofuels, existing or to be built, whose length is less than 15 km and which do not originate in the area of ​​production of oil and natural gas, for an adequate remuneration to the owner of the facilities.

The new Resolution maintains objective rules regarding the allocation of transport capacity of the pipelines and creates new regulatory mechanisms, such as (a) rules of free access to existing biofuel pipelines for oil and its derivatives; (b) increased transparency; (c) rules of interconnection between hauliers; (d) the possibility of a conveyor being a loader in an interconnected plant, as is already permitted in long pipelines.

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ILN Today Post

New extension for registration of rural properties in the rural environmental registry – CAR

Through Federal Decree 9.257 / 2017, the Federal Government decided to extend until May 31, 2018, the deadline for application for registration in the Rural Environmental Registry of all rural properties.

The adhesion to the CAR is one of the obligations established in the Forestry Code, effective since 2013, for all rural properties.

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ILN Today Post

Federal government extends deadline for drafting municipal sanitation plans for the third time

The Government has again extended the deadline for municipalities to prepare their Basic Sanitation Plans, which will now end on December 31, 2019.

By means of a decree published on December 29 last (Decree 9,254 / 2017), the Government amended Decree 7,217 / 2007, which originally provided for the preparation of Municipal Plans until December 2014 (later changed to 2015 and 2017). With the new wording, municipalities that do not have their Plans completed by the stipulated date will not have access to the federal budget resources or to financings managed by the Federal Administration, when destined to public services of basic sanitation.

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ILN Today Post

Limitation periods and standstill agreements: How can they impact your claims?

Claims arising from construction projects often require consideration of the law of limitation.

Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature and timeline of projects, where numerous parties are involved, the period from commencement through to completion can span many years, and the parties’ liabilities extend beyond completion.

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ILN Today Post

Block-insurance-buster

Block insurance policies are a very common way of insuring multiple properties. Landlords can benefit from economies of scale and may find the administration easier with only one renewal date and uniform terms. However, earlier this year the Upper Tribunal held that one landlord could not recover its block policy premia, despite being permitted to do so under the terms of its lease, because the premia were not “reasonably incurred”.

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