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HTMLFive States Enact Laws: Franchisors Are Not "Joint Employers"
Duane Morris LLP;
Legal Alert/Article
August 15, 2016, previously published on March 30, 2016
On March 22, 2016, Michigan joined Wisconsin, Texas, Louisiana and Tennessee by amending its Franchise Investment Law to clarify that-unless the franchise agreement specifically states otherwise-a franchisee is considered the sole employer of workers to whom it pays wages or provides a benefit plan.

 

HTMLNew York's New 12-Week Paid Family Leave Law
Duane Morris LLP;
Legal Alert/Article
August 5, 2016, previously published on April 29, 2016
New York Governor Andrew Cuomo signed into law new paid family leave legislation (“NYPFLL”) on April 4, 2016, which will be effective January 1, 2018. It is the most comprehensive family leave law in the United States and, once implemented, guarantees all New York employees, both...

 

HTMLChesapeake Bay Total Maximum Daily Load Implementation
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 2016
In a recent edition of our Energy, Environment and Resources Update, we discussed the then-pending petition for writ of certiorari from a decision of the U.S. Court of Appeals for the Third Circuit upholding the Chesapeake Bay TMDL (Total Maximum Daily Load). On February 29, 2016, the U.S. Supreme...

 

HTMLEastern District of New York Holds That "Forced Vesting" of Title to Collateral Is an Impermissible Modification of a Secured Creditor's Rights
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 21, 2016
In In re Zair, 2016 U.S. Dist. LEXIS 49032 (E.D.N.Y. Apr. 12, 2016), the U.S. District Court for the Eastern District of New York became the latest to take sides on the emerging issue of “forced vesting” through a chapter 13 plan. After analyzing Bankruptcy Code §§ 1322(b)(9)...

 

HTMLEPA Completes Cost-Benefit Analysis Required by U.S. Supreme Court
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 2016
In a 5-4 decision in 2015 (Michigan v. EPA), the U.S. Supreme Court found that EPA should have considered costs when deciding to implement EPA’s Mercury and Air Toxics Standard for power plants (MATS) (Justice Scalia writing for the majority). On April 14, 2016, EPA posted online its...

 

HTMLFederal Court Diversity Jurisdiction Involving Unincorporated REITs: REIT Citizenship Is Based on Citizenship of Its Shareholders
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 11, 2016
On March 7, 2016, the Supreme Court of the United States held that the citizenship of a Maryland real estate investment trust (“REIT”), for diversity jurisdiction purposes, is based on the citizenship of all its members, including its shareholders. In Americold Realty Trust v. ConAgra...

 

HTMLCalifornia Enacts $15 Minimum Wage
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 18, 2016
On April 4, 2016, California Governor Jerry Brown signed legislation progressively increasing the state minimum wage to $15.00 per hour, and indexing future increases to inflation. The bill staves off a more aggressive ballot measure that included a faster increase and contained no mechanism for...

 

HTMLWill Your Non-Profit Hospital Pay Property Taxes in New Jersey?
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 23, 2016
In the wake of the June 25, 2015, decision of the New Jersey Tax Court in AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown,[1] and the hospital’s subsequent $15.5 million settlement with the town, more than a dozen municipalities are pursuing tax appeals that...

 

HTMLFDA Publishes Draft Guidance on Abuse-Deterrence Testing of Generic Solid Oral Opioid Drug Products
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 22, 2016
On March 24, 2016, the U.S. Food and Drug Administration (“FDA”) published a draft guidance concerning studies for ANDA applicants to demonstrate the abuse deterrence of their generic solid oral opioid drug products. This draft guidance offers ANDA applicants principles for how to test...

 

HTMLRecent NLRB Developments of Which All Employers Should Be Aware
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 23, 2016
The decision by the National Labor Relations Board (“the Board”) in Whole Foods Market, Inc. and the Board’s encouragement of virtual organizing by unions are developments of which all employers should be aware.

 


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