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The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Czech Republic

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? In accordance with the Czech Labour Code, it is only permissable to change the rights and duties owed under an employment relationship by...more

President Signs E-Warranty Statute Amendment

In a rare display of bipartisanship, the U.S. Congress has passed and, on September 24, 2015, President Obama signed, an amendment of the federal statute regulating warranties on consumer products, the Magnuson-Moss Warranty...more

Employment Law Commentary - Volume 27, Issue 8, September 2015

The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more

FRANCHISOR 101: Franchise Systems Can Fight Online Negativity

One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more

One-Two Punch: CFPB Indirect Auto and Add-On Product Orders

The CFPB announced two new enforcement action settlements on September 28: one for alleged discriminatory auto loan pricing and the other for alleged deceptive credit card add-on product marketing practices....more

Changes to Pay Structure in Lieu of Requested Accommodations May Violate ADA and FMLA

Employers that receive requests for accommodation made by a disabled employee must remain careful about making significant changes to that employee’s terms and conditions of employment prior to concluding review and...more

FCC Updates Contest Rule to Provide Flexibility to Meet Disclosure Requirements

Radio and television stations, as well as their audiences, have reason to celebrate. Last week, the Federal Communications Commission (FCC) announced significant updates to its regulations regarding the disclosure of material...more

Deferred-Interest Loan Products Cost Issuer $700,000 in CFPB Deal

Why it matters - Allegedly deceptive enrollment tactics by third-party marketers cost the issuer of healthcare credit cards $700,000 in a settlement with the Consumer Financial Protection Bureau (CFPB). Springstone...more

Double-Bagged: Governor Signs Second Piece of Grocery Worker Retention Law

Monday, Governor Jerry Brown signed into law AB 897, a “clean up” bill he requested to address an omission in AB 359, which Governor Brown had signed into law on August 17, 2015. This legislation, effective January 1, 2016,...more

Considering Selling Your Company? Tip #1: Set Realistic Pricing Expectations

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

FCC Adopts On-Line Contest Rules

The FCC has updated its contest rules to enable broadcasters to post material terms on-line rather than requiring disclosure through over-the-air announcements. Licensees still retain the option to disclose material...more

TCPA Trouble Continues: FCC Slams Lyft and First National Bank for Terms of Service Requiring Consent

Most of the attention involving the Telephone Consumer Protection Act (“TCPA”) has centered on the stream of class actions around the country. It is important to remember that the Federal Communications Commission (“FCC”) and...more

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Lyft Gets Cited by FCC for Robo-Texting

Companies that require customers to agree to receive autodialed marketing calls and text messages as a condition for using the companies’ services have been put on notice that they may be in violation of the Telephone...more

Under Construction - September 2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Can you be sued for posting your opinions on the Internet?

A restaurant tells customers it may sue them if they post unfavorable reviews on the Internet. A flooring company sues a customer who complained on social media that he had an “absolutely horrible experience” with the...more

NLRB’s New Joint Employer Standard Creates Enormous Uncertainty

Late last week, the National Labor Relations Board published a decision that will make many business leaders’ heads spin. By pronouncing a new legal standard to be used to determine if a business is a “joint employer” of...more

Online Gun Sales: E-Commerce Terms that Work, and Keep the Seller Safe

Firearms sales continue their upward trend, with National Instant Criminal Background Check System (NICS) checks indicating that 2014 sales of firearms in the United States exceeded 2012 numbers, and fell just short of 2013’s...more

NLRB Expands Joint-Employer Standard: Exercising Direct Control No Longer Required

The National Labor Relations Board (“NLRB”) overturned decades-old precedent by vastly expanding its definition of “joint employer,” upending established federal labor law and creating tremendous uncertainty for companies....more

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime

Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they...more

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

Rocky Road Ahead for Ashley Madison after Widespread Damage Arising from Disclosure of Personal Information

Ashley Madison, the self-described “world's leading married dating service for discreet encounters” is the latest high-profile social media website to sustain a cyberattack. Established to provide an opportunity for married...more

Joint Employer Standard Expanded: NLRB Overturns 30 Years of Precedent

In a dramatic departure from over 30 years of precedent, the National Labor Relations Board has modified the standard by which it determines whether two entities are "joint employers" under the National Labor Relations Act...more

Monitor Financial Distress in Your Supply Chain

While American manufacturing has experienced a resurgence in recent years, some manufacturers continue to face challenges. Witness for example the recent chapter 11 filings of Colt, Boomerang Tube, and Everyware Global....more

Updated NBP and Beach terms and conditions: Key differences between the old terms and the new 2015 terms

For many years the Short Term Flat NBP Trading Terms and Conditions 1997 (the “NBP 1997 Terms”) have been the standard terms for trading gas on the UK’s national transmission system for natural gas (the “UK NTS”) and the...more

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