Florida Issues Notice of Emergency Rule and Guidance on New Vaccination Exemption Law

Governor Ron DeSantis recently signed HB 1-B, Ch. 2021-272, Laws of Fla. (the “Vaccination Exemption Law”), which prohibits every private employer from issuing COVID-19 vaccination mandates for its Florida employees without allowing employees to opt out for five specific exemptions: (i) medical reasons, including pregnancy or expectation of pregnancy, as determined by a physician, advanced practice registered nurse, or physician assistant; (ii) religious reasons, based on a sincerely held belief; (iii) COVID-19 immunity, based on prior COVID-19 infection, as documented by a lab test; (iv) periodic testing, agreed to by the employee and at no cost to the employee; or (v) based on compliant use of employer-provided personal protective equipment (“PPE”), agreed to by the employee.  Employers that receive a “completed exemption statement” must allow the requesting employee to “opt out” of the employer’s vaccination requirements.[1]  Employers will be found to have violated the Vaccination Exemption Law by failing to provide for exemptions in their COVID-19 vaccination mandate and terminating the employee—which includes “the functional equivalent of termination,” as defined below.

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How to Thrive this December

We’ve got just over two weeks left in the year, and I bet you’re expecting me to write something about how you can fit in a bit more business development, call one more potential client, set up one more zoom meeting this week or write another article before the year is done.

But I’m not going to do that.

The last couple of years have been exceptionally hard.

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ILN Today Post

REAL ESTATE AND THE CARBON CHALLENGE: OPERATIONAL V EMBODIED CARBON

Last month Glasgow hosted COP26, where leaders from all around the world gathered to take decisive action to tackle the climate crisis. This conference forced all sectors to examine their actions and consider how these affect our environment.

Recent figures have revealed that the Real Estate Sector is responsible for 38% of global carbon emissions and consumes around 40% of the world’s energy. Such striking figures highlight the pressing need for developers, businesses, and all those involved in the real estate sector to take drastic steps to make real and lasting positive change. Read more…

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The Presence of a “Trap” Is Not an Essential Criterion for a Personal Injury Claim

By Alice Bourgault-Roy, from our Insurance Law Practice Group

December 14, 2021 — Since the Supreme Court ruling in Rubis v. Gray Rocks Inn Ltd., 1982 CanLII 17 (SCC), [1982] 1 SCR 452, in 1982, personal injury claims have largely been determined on the basis of the concept of “trap”. Essentially, a trap is defined by the case law as a situation that has an inherent danger, which is hidden rather than apparent, and which has an element of abnormality. The existence of such a trap is in a way assimilated to the fault of the owner or custodian, who is responsible for the victim’s injuries due to his or her failure to ensure the safety of the premises.

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Santal Truong Joins our Insurance Law Practice Group

December 13, 2021 — RSS is pleased to announce that Santal Truong is joining its Insurance Law Practice Group as of today. Since being called to the Bar, in 2020, Santal quickly acquired substantial experience before the courts while practicing with the Centre communautaire juridique de Montréal.

Mariella De Stefano, Co-chair of our Insurance Law Practice Group, is delighted with this recruit. “Over the past two years, Santal has handled an exceptional variety of cases. After interviewing with her, we promptly realized that she would be a precious asset in our team.”

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ILN Today Post

TSX VENTURE EXCHANGE ANNOUNCES AMENDMENTS TO SECURITY—BASED COMPENSATION POLICIES

Overview

On November 24, 2021, the TSX Venture Exchange (“TSXV” or the “Exchange“) published a bulletin outlining a number of amendments made to TSXV Policy 4.4 — Incentive Stock Options (the “Former Policy“). The amendments (the “New Policy“) came into effect the same day the bulletin was published.

Some of the most significant changes made to the Former Policy include:

  • The expansion of more than one type of security-based compensation;
  • Additional categories of security-based compensation plans;
  • The introduction of effective compensation tools to advance the interests and flexibility of issuers; and
  • Permission of the exercise of stock options on a “cashless” and “net exercise” basis.
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ILN Today Post

California Expands Restrictions on Employers’ Use of Non-Disclosure Provisions

California Governor Gavin Newsom recently signed into law SB-331, which imposes restrictions on the non-disclosure and non-disparagement provisions that employers can include in agreements with employees.While California law already included restrictions on such provisions, the law expands these prohibitions further. Read more…

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ILN Today Post

Grassi in Crain’s Cleveland Business Tax Tips: Early termination of the Employee Retention Credit and potential personal liability

McDonald Hopkins member Carl Grassi authored the December 12 edition of Crain’s Cleveland Business’ Tax Tips on “Early termination of the Employee Retention Credit and potential personal liability.”

In the article, Grassi warns, “The early termination of the ERC could cause problems for those businesses that already monetized the credit for wages paid beginning Oct. 1, 2021. The ERC is claimed on the Form 941 quarterly payroll tax return, but the rules allow a business to monetize the credit early by retaining the federal payroll taxes withheld from its employees’ wages, rather than depositing the money with the IRS. As a result, some businesses will not have deposited their tax withholding obligations for Q4 2021 in anticipation of receiving the credit.”

You can read the entire piece at CrainsCleveland.com by clicking here.

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New York Governor Reinstates Mask Mandate

Today, New York Governor Kathy Hochul announced a new mask mandate for private businesses that do not require proof of vaccination for entry, which will take effect Monday, December 13, 2021 and remain in place through January 15, 2022.  The announcement is part of the State’s effort to combat the “winter surge” from the COVID-19 pandemic, along with the spread of the Omicron variant.

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Connolly Gallagher Welcomes Alan R. Silverstein and Regina S. Schoenberg

Regina Schoenberg and Alan Silverstein at the Wilmington officeConnolly Gallagher is pleased to announce the addition of two new attorneys.

Alan R. Silverstein has joined the firm as a Partner in the Intellectual Property Litigation and Delaware Business, Commercial, and Corporate Litigation practice groups. Alan has extensive experience in commercial and complex litigation, with a focus on patent litigation, trademark litigation, and trade secret litigation. In addition, he has regularly represented clients in contract disputes and business tort matters in both Delaware and federal courts. He is experienced with all phases of litigation including large-scale electronic discovery and managing scientific experts. Alan earned his J.D. from Temple University Beasley School of Law and a bachelor of science from Ursinus College. Alan is a member of the American Intellectual Property Law Association and the Richard K. Herrmann Technology American Inn of Court.

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