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HTMLDepartment of Labor Addresses Employee Misclassification in Recent Guidance
Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on July 20, 2015
On July 15, 2015, the U.S. Department of Labor's Division of Wage and Hour issued guidance aimed at curtailing the misclassification of employees as independent contractors under the Fair Labor Standards Act (FLSA). The sweeping conclusion at the heart of the DOL's guidance is that "most...

 

HTMLThird Circuit Rules That Plan Must Give Notice of Limitations Period
Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 27, 2015
In Mirza v. Insurance Administrator of America, Inc., the Third Circuit Court of Appeals ruled that plan administrators must inform claimants of plan-imposed deadlines for judicial review in their notifications denying benefits. The decision imposes a new requirement on employers in the Third...

 

HTMLNLRB Abandons Well-Established Joint-Employer Standard
Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 31, 2015
On August 27, 2015, the National Labor Relations Board (NLRB or "the Board") issued a 3-2 decision in Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery (32-RC-109684) that changes the well-established joint-employer standard, eliminating the requirement that...

 

HTMLRecent Georgia Case Illustrates How Not Filing a Tax Bulk Sales Notice in an Asset Purchase Can Be Costly to the Buyer
Stanley R. Kaminski; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on July 28, 2015
Virtually every state has a tax bulk sales provision that requires buyers of business assets to file a notice with the state of any purchase of business assets outside the ordinary course of business. This means that every bulk asset sale of a business has to be reported by the buyer for those...

 

HTMLFirst-ever Tax Treaty and Protocol Between the United States and Vietnam Signed
Hope P. Krebs, Oliver Massmann; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on July 15, 2015
On 7 July 2015, the United States and Vietnam signed an income tax treaty and protocol (the "DTA"), the first ever between the two countries. This is yet another significant step toward further increasing trade relations between the two countries. Though signed, the DTA will not become...

 

HTMLStudent Data Protection in an Era of Education Technology Innovation
Katherine D. Brodie, Michelle Hon Donovan, Alison Haddock Hutton; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 7, 2015
Consensus regarding how and whether to increase federal mandates and penalties concerning protection of PII has not yet been reached, but awareness exists that student PII, whether for K-12 students or older, is becoming increasingly vulnerable to unauthorized disclosure or misuse, in particular...

 

HTMLEPA Proposes New Emission Rules Affecting the Oil and Natural Gas Industries
Sheila Slocum Hollis; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 19, 2015
On August 18, 2015, the U.S. Environmental Protection Agency (EPA) took another step in its bid to address climate change by issuing proposed rules aimed at reducing methane emissions.[1] By their nature, the proposed rules will predominantly impact the oil and natural gas industries and come on...

 

HTMLRussia Takes Steps to Implement Import Substitution Plan for Software
Maxim A. Voltchenko; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on July 15, 2015
On June 16, 2015, the Russian Duma-the lower house of the Russian parliament-approved Legislative Bill No. 764677 in a third (and likely final) reading, taking another step forward on an import substitution strategy for software used in Russia.[1] Earlier this year on April 1, 2015, the Ministry of...

 

HTMLThird Circuit Confirms FTC Authority to Regulate Cybersecurity Practices Under Unfairness Prong of FTC Act
Sandra A. Jeskie; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 25, 2015
In a long-awaited ruling in Federal Trade Commission v. Wyndham Worldwide Corp., the Third Circuit rejected Wyndham’s argument that the FTC has no authority to regulate its cybersecurity practices under the unfairness prong of the FTC Act and that businesses are not entitled to notice of the...

 

HTMLPostsecondary Institutions Subject to the New Federal "Gainful Employment" Rule Have Until July 31, 2015, to Complete Reporting of Data to U.S. Department of Education
Katherine D. Brodie, Michelle Hon Donovan; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on July 27, 2015
The end of this month marks the first significant deadline for Title IV (federal student financial aid program) participating institutions of higher education under the U.S. Department of Education's Gainful Employment (GE) rule that went into effect on July 1, 2015. Institutions offering one or...

 


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