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|When Does Off-Duty Use of Smartphones Result in Compensable Overtime?|
Michael R. Blum; Foster, Swift, Collins & Smith, P.C.;
February 10, 2016, previously published on January 26, 2016As you may already know, the U.S. Department of Labor’s (“DOL”) salary requirements for the white-collar exemptions under the Fair Labor Standard Act (“FLSA”) will be revised in 2016, making millions of additional employees eligible for overtime protection. However,...
|Behind Closed Doors: What Can A Public Body Discuss In Closed Session?|
Anne M. Seurynck; Foster, Swift, Collins & Smith, P.C.;
February 10, 2016, previously published on January 26, 2016Generally, meetings of public bodies must be open to the public pursuant to the Open Meetings Act (“OMA”), MCL 15.261 et seq. However, the OMA allows public bodies to go into closed session to discuss certain specific issues set forth in Section 8 of the OMA. The following is an...
|Ontario Court Recognizes Existence of New "Revenge Porn" Privacy Tort|
Nils Goeteyn, Éloïse Gratton; Borden Ladner Gervais LLP;
February 10, 2016, previously published on January 28, 2016Stinson J. of the Ontario Superior Court of Justice has issued a landmark decision explicitly recognizing that the public disclosure of private images constitutes a privacy tort for which pecuniary damages may be sought before civil law courts.
|Is Your Municipality Ready for House Bill 5?|
Jason Mosbaugh; Weltman, Weinberg & Reis Co., L.P.A.;
February 10, 2016, previously published on January 27, 2016While it may not have been on your mind as the clock struck midnight, the ball dropped and toasts were exchanged; the dawn of 2016 signals the dawn of a new era in Ohio Municipal Tax Policy. House Bill 5 became effective January 1, 2016.
|Obtaining a Cognovit Judgment in Ohio Requires Strict Adherence to Statutory Requirements|
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
February 10, 2016, previously published on February 3, 2016Ohio Revised Code § 2323.13 outlines the procedure applicable to reducing a cognovit note to judgment. In order for the trial court to be vested with subject matter jurisdiction, the following three elements are required:
|NYS JCOPE Adopts Opinion Expanding Definition of Lobbying Activity to Include Activities Traditionally Considered as Non-Lobbying Consultant/Public Relations Services|
Mark F. Glaser, Joshua L. Oppenheimer; Greenberg Traurig, LLP;
February 9, 2016, previously published on February 1, 2016On Jan. 26, 2016, the New York State Joint Commission on Public Ethics (JCOPE) formally adopted two Advisory Opinions that will affect government officials and individuals who interact with government or otherwise provide services to entities engaged in lobbying activity. This Alert focuses on...
|Our Military and Special Needs Trusts for Dependents|
James M. McCarten; Burr & Forman LLP;
February 3, 2016, previously published on January 2016Prior to 2015, members of and retirees from the military could not designate any portion of their military Survivor Benefit Plan ("SBP") to a special needs trust ("SNT"), even when a child of that servicemember needed the protection of a SNT in order to ensure his/her access to...
|California Enhances Lobbying Disclosure Requirements for Lobbyist Employers and "$5,000 Filers"|
Rachel E. Goldstein, Bryson B. Morgan, Trevor Potter, Matthew T. Sanderson; Caplin & Drysdale, Chartered;
February 2, 2016, previously published on January 25, 2016The California Fair Political Practices Commission ("FPPC") by unanimous vote on January 21, 2016 revised its regulation governing the disclosure of lobbying expenditures by lobbyist employers and so-called "$5,000 filers." These more comprehensive disclosures will be required...
|Revised DFARS Interim Rule Regarding Cybersecurity Responds to Industry Concerns|
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
February 2, 2016, previously published on January 2016After collecting feedback from industry representatives, the Department of Defense ("DOD") recently revised the Defense Federal Acquisition Regulations Supplement ("DFARS") interim rule on required cybersecurity measures for defense contractors (the "December 30 Interim...
|EDI Compliance Penalty Information|
Megan B. Caramore; Vandeventer Black LLP;
January 27, 2016, previously published on January 2016EDI transactions are required reports under Virginia Code Section 65.2-902. The Commission’s EDI Compliance Initiative (now in its seventh year) is preparing to issue penalties for failure to file such reports.