Hodgson Russ LLP

NLRB Regional Director Files a Complaint Alleging that Misclassification of Workers as Independent Contractors is an Unfair Labor Practice

On April 18, the Regional Director for the National Labor Relations Board (the “NLRB”)’s Los Angeles office issued an unfair labor practice complaint against a transportation company, alleging that the company had misclassified…more
| Labor & Employment Law

Economic Nexus Extended Too Far – Hodgson Russ LLP v. Minnesota Department of Revenue

During the spring of 2014, Hodgson Russ LLP (“Hodgson”) received a letter from the Minnesota Department of Revenue (“Minnesota Revenue”) that attempted to establish a new low in the states’ “race to the bottom” to establish the…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Taxation

New York State Governor’s Executive Order Regarding Transgender Restrooms

In New York State, sex discrimination protections extend to transgender persons, and “gender dysphoria” is a protected “disability” under the Human Rights Law. Employers may not discriminate against individuals because of sex,…more
| Civil Rights, Elections & Politics, Labor & Employment Law

New York Budget Deal Includes Increases to the State Minimum Wage

The New York State 2016-17 budget contains a bill that raises the State’s minimum wage beginning on December 31, 2016. The bill provides that the minimum wage increases will be phased in as follows..…more
| Elections & Politics, Labor & Employment Law

Second Circuit Holds that Human Resources Directors may be Individually Liable for FMLA Violations

The Second Circuit recently held that a Director of Human Resources may be individually liable for violations of the Family and Medical Leave Act (FMLA). Relying on the “economic reality” standard derived from the Fair Labor…more
| Civil Procedure, Labor & Employment Law

Split Supreme Court Upholds Union Agency Fees...for Now

On March 29, 2016, the United States Supreme Court affirmed a decision permitting public-sector unions to continue collecting “agency fees” from nonmember workers. This is a major victory for public sector unions, as a contrary…more
| Civil Procedure, Constitutional Law, Education, Labor & Employment Law

Did the Tribunal Expand the Jurisdiction of the Division of Tax Appeals?

In Matter of Grand Central JT VT (March 10, 2016), the Tax Appeals Tribunal decided a fairly routine tax case as to whether the taxpayer maintained adequate books and records in a sales tax audit and whether the Audit Division’s…more
| Civil Procedure, Commercial Law & Contracts, Taxation

Employee Benefits Developments March 2016

Previously, many advisors had been concerned that the Internal Revenue Service (IRS) regulations on safe harbor plan designs covering 401(k) and 403(b) plans may have severely limited the abilities of plan sponsors to adopt…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law, Taxation

Group Seeks Relief For U.S. Citizens With RESP and TFSA Accounts

In a letter dated March 4, 2016, the American Chamber of Commerce in Canada (“AmCham Canada”) requested that the United States Department of the Treasury (“Treasury”) provide various forms of tax relief to U.S. and Canadian…more
| Finance & Banking, International Law & Trade, Taxation

New York Public Service Commission Issues New Consumer Protection Guidelines for Energy Service Companies

On February 23, 2016, the New York Public Service Commission (PSC) issued an order setting new consumer protection guidelines for energy service companies, or “ESCOs.” An ESCO is a business supplying electricity and/or gas…more
| Consumer Protection, Energy & Utilities

President Obama Nominates Merrick Garland For Supreme Court Vacancy

On March 16, 2016, President Obama announced his nomination of Merrick Garland, Chief Judge of the District of Columbia Court of Appeals, to replace the late Justice Scalia on the U.S. Supreme Court. Chief Judge Garland’s…more
| Civil Procedure, Elections & Politics

Final Rule Amending the White Collar Exemptions is Here, Almost

On March 14, 2016, the U.S. Department of Labor submitted its Final Rule amending the white collar overtime exemptions to the Office of Management and Budget (“OMB”) for review. Generally, OMB completes its review of proposed…more
| Labor & Employment Law

Ontario PPSA Amendments – Is there greater harmony with the UCC?

At the end of last year, I received bulletins from Ontario law firms alerting that the amendments to the Ontario Personal Property Security Act (“PPSA”) changing the definition of the “location” of the debtor in the PPSA choice…more
| Business Organizations, Civil Procedure, Elections & Politics, Finance & Banking, International Law & Trade

Employee Benefits Developments February 2016

IRS Issues Guidance Regarding Application of ACA Fee to Expatriate Health Plans. Section 9010 of the Affordable Care Act (ACA) imposes an annual fee on covered entities engaged in the business of providing health insurance for…more
| Commercial Law & Contracts, Finance & Banking, Health, Labor & Employment Law, Securities Law

Iran Sanctions Eased, But Restrictions Remain

Canadian companies with U.S. operations must keep alert to developments in U.S. sanctions laws. Such sanctions apply to any entity organized under the laws of a U.S. jurisdiction (regardless of foreign ownership of such entity)…more
| Energy & Utilities, Finance & Banking, Insurance, International Law & Trade, Transportation
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