Regions

Get Ready to Respond to IRS Letter 226J: Employer Shared Responsibility Payment Assessments

Our colleague , a Member of the Firm at Epstein Becker Green, has a post on the Technology Employment Law blog that will be of interest to many of our readers in the health care industry: “Get Ready to Respond to IRS Letter 226J: Employer Shared Responsibility Payment Assessments.”

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RSS again successfully defends the operator of a ski resort

November 13, 2017 — A few days ago, the Court of Quebec released its decision on a claim arising from a fall sustained at the exit point of a chairlift operated at a ski resort.

Benoît Chartier convinced the Court that the employees of the ski resort had not been negligent, thereby causing the claim to be denied. As the Court declared, “the use of a chairlift presents certain inherent risks that the user has to assume: he must be somehow agile to get on and off at the right moment” [our translation].

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Proposed Bill Would Amend State and Local Paid Sick Leave Laws

Our colleagues , at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws.”

Following is an excerpt:

On November 2, 2017, three Republican Representatives, Mimi Walters (R-CA), Elise Stefanik (R-NY), and Cathy McMorris Rodgers (R-WA), introduced a federal paid leave bill that would give employers the option of providing their employees a minimum number of paid leave hours per year and instituting a flexible workplace arrangement. The bill would amend the Employee Retirement Income Security Act (“ERISA”) and use the statute’s existing pre-emption mechanism to offer employers a safe harbor from the hodgepodge of state and local paid sick leave laws. Currently eight states and more than 30 local jurisdictions have passed paid sick leave laws.

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Compensation Agreements with Employees of Subsidiaries of Listed Indian Entities Within the Ambit of SEBI Listing Regulations

Earlier this year, the Securities and Exchange Board of India (“SEBI”) amended the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“Listing Regulations”), to structure the unregulated compensation and profit sharing arrangements/agreements between shareholders/third parties with the employees, including the key managerial personnel, directors and promoters of listed investee companies (“Regulation 26(6)”). These arrangements were widely used by private equity investors to not only incentivize the promoters/key employees/directors but to accelerate the growth of the company and its consequent valuation to benefit the investors and other shareholders at large. But, from SEBI’s view point, these arrangements were a breeding ground for corporate governance issues and unfair trade practices. We have in our earlier article1, discussed the implications of the above SEBI amendment. While the Listing Regulations were amended to incorporate Regulation 26(6) vide its notification dated January 4, 2017, certain ambiguities related to interpretation of the Regulation 26(6) persist.

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Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws

On November 2, 2017, three Republican Representatives, Mimi Walters (R-CA), Elise Stefanik (R-NY), and Cathy McMorris Rodgers (R-WA), introduced a federal paid leave bill that would give employers the option of providing their employees a minimum number of paid leave hours per year and instituting a flexible workplace arrangement. The bill would amend the Employee Retirement Income Security Act (“ERISA”) and use the statute’s existing pre-emption mechanism to offer employers a safe harbor from the hodgepodge of state and local paid sick leave laws. Currently eight states and more than 30 local jurisdictions have passed paid sick leave laws.

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Informal wills – don’t risk it

A recent trend in Victorian Supreme Court decisions has highlighted the importance of seeking legal assistance when preparing a Will.

In order for a Will to be valid in Victoria, it must meet certain formal requirements. These requirements exist to ensure that the Will expresses the testator’s true testamentary wishes and are not the result of fraud, undue influence or the testator’s impaired capacity.

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Proposed Rules Open for Public Comment: NYC Fair Workweek Law

The New York City Department of Consumer Affairs (“DCA”) has issued proposed rules  for the implementation of the Fair Workweek Law. The law establishes scheduling practices for fast food and retail workers in New York City and is set to go into effect on November 26, 2017.

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Større beskyttelse af lønmodtagere ved virksomhedsoverdragelser

Højesteret har den 17. oktober 2017 afsagt en dom, der udvider lønmodtageres beskyttelse mod usaglig opsigelse i forbindelse med virksomhedsoverdragelse. Dommen og dennes konsekvenser er temaet for denne artikel.

Hidtidig retsopfattelse
Siden den 1. april 1979 har det fremgået af virksomhedsoverdragelseslovens (vol.) § 3, stk. 1, at afskedigelse på grund af overdragelse af en virksomhed ikke anses for rimeligt begrundet i virksomhedens forhold, medmindre afskedigelsen skyldes økonomiske, tekniske eller organisatoriske årsager, der medfører beskæftigelsesmæssige ændringer.

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Brexit – recent developments and the implications for some aspects of construction law

The European Union (Withdrawal) Bill (informally known as the “Great Repeal Bill”) passed its second reading on 11 September. The Committee stage is scheduled for 14-15 November, although it is still possible that political pressures will derail that timetable. What impact will the bill, if it completes its passage, have on construction law?

It must be said at the outset that the bill is likely to undergo significant change before it is enacted. Over 400 amendments have been tabled by MPs. Any assessment at this stage must necessarily be provisional.

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Understanding insurance indemnity principles and providing lender protection

Real estate finance lenders need to achieve three things:

  • First ranking security over the real estate asset.
  • Maintenance of the real estate asset’s value by ensuring all damage is reinstated (and insurance proceeds applied accordingly).
  • Fixed security over any lump sum payment.

This all sounds simple enough but on nearly every real estate finance transaction insurance requirements are the last to be agreed. It can be helpful for both lenders and borrowers to understand how insurance claims are dealt with by insurers to be able to agree insurance requirements and ensure that the borrower’s broker will be able to deliver on these.

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