North America

Ryan W. Gardner Joins Howard & Howard

Chicago, Ill., September 7, 2021 – Royal Oak, Mich.-based Howard & Howard is pleased to welcome Ryan W. Gardner to the firm. He joins a thriving Trust and Estate Planning Group and will continue his practice out of the firm’s Chicago office.

“I counsel individuals, families, and business owners on estate planning, asset protection, and business succession.” –Ryan W. Gardner

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Time Is Money: A Quick Wage-Hour Tip on … Compensating Domestic Workers in New York

Many New York families employ domestic workers –individuals who care for a child, serve as a companion for a sick, convalescing or elderly person, or provide housekeeping or any other domestic service. They may be unaware of federal and New York requirements that guarantee those domestic workers minimum wage for all hours worked, paid meal breaks, and overtime compensation.

In addition, New York imposes specific requirements on employers regarding initial pay notices, pay frequency, and pay statements that also apply to persons who employ domestic workers.

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Tiffany L. Carpenter Named to 2021 Class of 40 Illinois Attorneys Under Forty to Watch by Chicago Daily Law Bulletin and Chicago Lawyer

Royal Oak, Mich., September 2, 2021 – Royal Oak, Mich.-based Howard & Howard is proud to congratulate Tiffany L. Carpenter on her selection to the 22nd annual edition of 40 Illinois Attorneys Under Forty to Watch. Since 2000, 40 Under Forty has recognized more than 700 attorneys for their accomplishments and giving back to the community through civic or pro bono efforts. This year, over 1,000 nominations were received. Nominees are recommended by their peers and chosen for the honor by the Chicago Daily Law Bulletin and Chicago Lawyer selection committee.

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Too soon to know the fate of tax increases attached to proposed budget bill

It is too soon to breathe a sigh of relief when it comes to tax increases attached to the budget reconciliation bill that has been introduced.

On August 24, 2021, the House of Representatives approved the framework of a $3.5 trillion budget reconciliation bill, but did not act on the $1.2 trillion Infrastructure Investment and Jobs Act. These bills had been stalemated because of disagreements over simultaneous passage, but House Speaker Nancy Pelosi indicated an intent to pass both by the end of September. The infrastructure bill, which does not include any tax increases and has already passed the Senate, would then be ready for enactment with the president’s signature. Read more…

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Video: Biden Touts Employer-Mandated Vaccines, Booster Shot Questions, and EEO-1 Deadline Delayed – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at the renewed focus on mandatory vaccination policies and how those policies may need to shift in light of COVID-19 booster shots.

President Biden Calls on Employers to Mandate Vaccines

Shortly after the U.S. Food and Drug Administration granted full approval of the Pfizer vaccine for those 16 and older, President Biden encouraged private employers to “step up” their vaccination requirements.

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New York Issues Emergency Regulation Mandating COVID-19 Vaccination for Health Care Personnel

On August 26, 2021, the Public Health and Health Planning Council approved an emergency regulation requiring health care personnel to be fully vaccinated against COVID-19. The emergency regulation is effective immediately and will remain in effect for 90 days, subject to review and renewal.

The emergency regulation supersedes the Section 16 Order issued by the New York Department of Health (“DOH”) on August 18, 2021, which mandated the vaccine for personnel at general hospitals and nursing homes.

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BRIGID D. FOX JOINS HOWARD & HOWARD

Royal Oak, Mich., September 1, 2021 – Howard & Howard is pleased to welcome Brigid D. Fox to the firm. She will practice out of the firm’s Royal Oak, Michigan office.

“I am a trust and estates attorney who advises clients on estate planning, asset protection, and wealth preservation matters.” –Brigid D. Fox

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INTERGENERATIONAL TRANSFERS OF FAMILY BUSINESSES AFTER BILL C-208

The passage of Bill C-208, effective June 29, 2021, has generated increased attention to the issues and planning opportunities surrounding the sale of family owned businesses, particularly where a sale of shares may qualify for the lifetime capital gains exemption for “qualified small business corporation” shares, or QSBC shares. The stated intent of Bill C-208, a private member’s bill, was to facilitate the sale of QSBC shares to a related party purchaser. This was accomplished by amending the rules in section 84.1 of the Income Tax Act (Canada) (herein the “Act“) which apply to a non-arm’s length sale of shares. Bill C-208 also amended section 55 of the Act, in connection with related party butterfly reorganizations, which will not be addressed in this article.

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Massachusetts SJC Endorses Expansive Reading of the Domestic Violence and Abuse Leave Act

Last week, a divided Massachusetts Supreme Judicial Court (“SJC”) in Osborne-Trussell v. Children’s Hospital Corp. ruled in favor of a broad interpretation of the 2014 Domestic Violence and Abuse Leave Act (“DVLA”), a law that provides certain employment protections for victims of domestic violence, including a prohibition against retaliation for seeking or using protected leave. Specifically, the DVLA prohibits an employer from taking adverse action against, or otherwise discriminating against, an employee who exercises rights under the DVLA, such as taking leave from work to seek or to obtain medical attention or legal assistance, or to go to court hearings stemming from the harassment or abuse. The DVLA also prohibits employers from interfering with an employee’s exercise, or attempted exercise, of these statutorily protected rights. For their part, employees are required to provide employers with “appropriate advance notice” of the leave associated with domestic violence and abuse.

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2021’s noteworthy changes to state breach notification laws

A handful of states have made changes to their breach notification laws during 2021, imposing stricter requirements either through expanding the definition of “personal information,” tightening notice deadlines, or calling for entities that experienced a breach to be named publicly on the Attorney General’s website.

While all of these laws are set to go into effect before the year’s end, one state’s proposed amendment moves in the opposite direction, seeking to prolong the notice deadline and afford entities additional time before making notice to impacted residents. Read more…

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