Commercial Real Estate Labor & Employment

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Court Finds All of a Taxpayer’s Work for His Employer to be Personal Services in a Real Estate Business

The U.S. District Court for the Western District of Arkansas recently held that all of a taxpayer’s work for his employer, a property management company, counted toward the taxpayer’s satisfaction of the material...more

UK Tax Measures—Spring 2016 Budget

The spring budget includes a number of announcements that relate to taxation, the most significant of which is a “roadmap” for UK corporate taxation through 2020....more

Call Me Rachael: New York City Issues New Guidance on Gender Identity Rules

New York City’s Commission on Human Rights issued a document entitled “Legal Enforcement Guidance on the Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3” on December 21. The Commission enforces...more

New Law Targets Supervisors for Wage Liability

Senate Bill 588, referred to as the wage theft bill, significantly expands individual liability for wage and hour violations by authorizing the Labor Commissioner to hold a hearing to recover civil penalties for wage and hour...more

Retail and Hospitality Group News - November 2015

It’s Getting Easier to do Business in Massachusetts - Within his first several months in office, Governor Charlie Baker took steps to make Massachusetts a friendlier place to do business. On March 31, 2015, Governor...more

ARB Rejects CFPA Whistleblower Claim On Protected Activity Grounds

On November 6, 2015, the DOL’s Administrative Review Board affirmed the dismissal of Consumer Financial Protection Act (“CFPA”) whistleblower claims of a terminated mortgage broker, concluding that the complainant did not...more

Hospitality, Food and Beverage Industry Newsletter

We are pleased to share the first edition of our Hospitality, Food and Beverage Industry Newsletter with you. This Newsletter addresses important recent legal developments affecting the hospitality and restaurant industry and...more

Controlling the Domino Effect: Russia & CIS Hotel Market 2015-2016 Survey Report

This is the first year we have run this survey for the Russia & CIS region and we have had a very good response rate from top leaders in the industry who shared their views of the current situation...more

Saudi Arabia update - August 2015

Legal Developments - Expatriate Workers Restricted from Certain Job Categories - As part of Saudi Arabia’s ongoing Saudization campaign, the Ministry of Labor (MoL) identified this month 19 jobs that are restricted...more

Appellate Court Notes

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Dual Ruling in FEHA Case Addresses Evidence Required to Establish Qualified Disability and Sets High Standard for Cost Recovery as...

Gabriel L. Roman, et al. v. BRE Properties, et al. - Court of Appeal, Second Appellate District (June 17, 2015) - The Fair Employment and Housing Act (“FEHA”) prohibits, as unlawful discrimination, a refusal to make...more

NLRB v. The Constitution: Constitution Wins

In early 1999, the Venetian Casino Resort in Las Vegas asked police officers to remove union protesters from a temporary walkway in front of the Venetian — a walkway the Venetian built on its property in exchange for the...more

Does the Independent Contractor Statute Apply to Real Estate Salespersons?

A few months ago we wrote about a case awaiting decision by the Massachusetts Supreme Judicial Court (“SJC”) entitled Monell, et al. v. Boston Pads LLC, et al., SJC-11661, a case then on appeal from a decision of the Suffolk...more

Can that Doggie in the Window … Enter my Store?

Readers will recall that we recently corralled the law on “Assistive Animals” in the workplace, here. Now, in part two of our mini-series, we pony up an explanation of the rules governing the use of service animals by...more

Massachusetts High Court Rules Real Estate Agents Not Subject to State’s Stringent Independent Contractor Law

On June 3, the Massachusetts Supreme Judicial Court held that the Commonwealth’s independent contractor law does not apply to real estate salespersons licensed under, and affiliated with and working for, a licensed brokerage...more

Wave of ADA Public Accommodation Lawsuits Continue to Spread, Hits Illinois

In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been...more

Massachusetts High Court Holds that Restrictive Independent Contractor Statute Does Not Apply to Real Estate Salespersons in that...

In a long-awaited decision, the Supreme Judicial Court of Massachusetts ruled yesterday that the state independent contractor (IC) law, widely regarded as the most restrictive IC law in the nation, does not apply to licensed...more

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

Sherman & Howard Construction Monitor Spring 2015

In this issue: - Senate Bills Tackle Construction Defect Litigation Reform - Potential Source of Lawful Labor Delayed or Halted - Excerpt from Senate Bills Tackle Construction Defect Litigation...more

Three Dodd-Frank Whistleblower Anti-Retaliation Claims Fail

Courts recently issued three opinions on the whistleblower anti-retaliation provisions of the Dodd-Frank Act. In Murray v. UBS Securities, LLC, Mr. Murray claimed he was terminated because he refused to skew his...more

AODA in Brief

The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) which serves as the framework for the Accessibility Standards for Customer Service (the “Customer Service Standard”) and the Integrated Accessibility...more

2015 Economic Outlook. Blue Skies Ahead.

Renowned economist Hugh F. Kelly (PhD, CRE), Clinical Professor in New York University’s Schack Institute of Real Estate and the 2014 national Chairman of The Counselors of Real Estate, led a discussion at a CREW-Miami...more

Supreme Court Rejects Whistleblower’s Double-Dip Attempt

On Monday the United States Supreme Court declined to hear Danny Smart’s appeal of the Fifth Circuit’s rejection of his attempt to share in the proceeds of a $5 million settlement of a False Claims Act suit brought by another...more

Community Redevelopment Law Conflict-of-Interest Rules Apply to Successor Agencies

California Attorney General Weighs In on Rule That Will Impact Members of Successor Agencies’ Governing Boards and Employees - The California Attorney General recently opined that the conflict-of-interest rules under...more

Retail's Best Kept Secret against Non-Employee (Union or Otherwise) Protestors? Property Rights and an Evenly Enforced Policy...

As the holiday season approaches, non-employee protestors, labor organizers or otherwise, often target retailers in an effort to maximize the reach of their message due to the high foot traffic experienced at retail...more

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