Last week, Suffolk County became the latest jurisdiction in New York State to pass a so-called salary history ban law.
The county joins New York City, Westchester, Albany and other municipalities in the state in prohibiting employers from asking job applicants about their prior salary.
The intent of the salary history ban law, which takes effect in Suffolk on June 30, 2019, is to reduce pay inequality for women and minorities, and it is part of a larger trend on the state and local levels to increase workplace protections for employees.
“There have been several new laws passed in the state, and more so in New York City, over the last year or so that create added challenges for employers,” said Tony Dulgerian, a senior associate in the labor and employment practice group in the Jericho office of national law firm Nixon Peabody.
New laws come with compliance requirements and added costs, which “can be very challenging for small employers,” said Gregg Kligman, an associate in the employment law practice at Meyer, Suozzi, English & Klein in Garden City.
New York State passed a new law in April requiring all employers who operate in the state to have a sexual harassment prevention policy in place by this past October and to conduct annual, interactive training of all employees. All workers in the state must be trained by Oct. 9, 2019, and by April 1, 2019 in New York City.
“The training has to be interactive, and that’s the key,” Dulgerian said. “In-person training is the best option, but for employers with a scattered workforce or tens of thousands of employees, it’s hard to do it in-person.”
Paid family leave took effect in New York State this year, and it will be stepped up in 2019. Employers were required at the start of this year to ensure that all eligible employees have paid family leave coverage, which is set up through an insurance policy and financed through employee payroll deductions.
In its inaugural year, eligible employees were entitled to eight weeks of leave at 50 percent of their average weekly wage or 50 percent of the state’s average wage, whichever was lower. In 2019, the coverage increases to 10 weeks at 55 percent of pay, with a cap of $746.41. The maximum employee contribution for the year is $107.61.
With paid family leave, employees can take leave for bonding with a new child, whether biological, adopted or foster; caring for a sick family member, which could be a child, parent, parent-in-law, grandchild, grandparent, spouse or domestic partner; or spending time with a spouse, child, domestic partner or parent on active military duty or who has been notified of an impending call or order of active duty.
Many employers continue to have questions about the interplay between paid family leave and benefits on the federal level.
“PFL interacts with the Family Medical Leave Act, short-term disability benefits, employee vacation and sick time, and if the company has its own paid parental leave policy, it interacts with that,” Dulgerian told LIBN earlier this year. “It’s like a gigantic Venn diagram. Everything has to work together, and it has been really challenging for clients.”
Both FMLA and PFL require that the employee’s job (or an equivalent one) be guaranteed upon his or her return, but there are important differences between the two. Unlike PFL, FMLA is unpaid. Also unlike PFL, FMLA allows for leave for the individual’s own health issue, but not to care for grandparents, grandchildren or domestic partners. And PFL covers all private-sector employers regardless of size while FMLA only applies to larger employers (there must be 50 employees within a 75-mile radius of the office).
Many Long Island employers are not large enough to be impacted by FMLA and therefore have no experience dealing with protective leave. And employers with small teams may struggle disproportionately if they have to keep a job open for an extended period.
“Larger employers generally have the capacity to handle it,” Dulgerian said. “But employers have to figure it out. There’s no exception for undue burden under the PFL. Employers would be well-advised to prepare for it, such as having a temporary staffing firm at the ready. You don’t really know when you will receive a request for leave. A lot of people think it’s only for new parents, but it could be taken for many reasons, such as to care for a family member who is seriously ill or if a family member is about to go to the military.”
Dulgerian added that there is pending legislation to add bereavement as a reason for taking PFL.
The minimum wage will go up again this January, “and that has a whole bunch of issues associated with it,” Kligman said.
Large employers in New York City will have to pay workers at least $15 per hour, while their smaller counterparts will have to pay a $13.50 hourly minimum. Employers in Long Island and Westchester will have to cough up at least $12 per hour, up from $11 in 2018, and elsewhere in New York State, the minimum wage rises to $11.10 per hour.
While employees who make slightly above the minimum wage may expect an increase, as well, “that’s up to the employer’s discretion,” Kligman said.
The minimum salary for employees to be classified as exempt from overtime will also go up at the start of the year, Kligman said. In New York City, the minimum will be $1,125 per week for large employers and $1,012.50 for small employers, while the minimum on Long Island will rise from $825 to $900 per week. Employees whose earnings fall below that threshold must be eligible for overtime pay, regardless of their job description or responsibilities.
On the federal level, the complex web of laws governing the employer-employee relationship became more worker-friendly during the eight years of Barack Obama’s presidency. When the administration changed, the pendulum began to swing back in the other direction – in favor of employers. For instance, several worker-friendly National Labor Relations Board decisions from the Obama years have been overturned.
But as a new president can’t change all the policies and laws right off the bat, “the pendulum swings slowly on the federal level,” Dulgerian said.
Bitcoin and Cryptocurrency Litigation
/1 Comment/in Cryptocurrency /by News DeskBitcoin and other cryptocurrencies are gaining more attention as days pass. Aside from the advantages that cryptocurrencies have like anonymity and easy international transactions, people are enticed by the fact that it can become a good investment. Apart from trading bitcoins for cash, you can also use bitcoins to buy gift cards, book flights, and hotels, buy furniture, or even buy real estate properties. Bitcoin purchases are not taxed at the moment since there is no way for third parties to identify, track, or intercept transactions that use bitcoins. Transaction fees are considerably lower as well compared to credit card transactions or services like Paypal.
Although there are many advantages in using bitcoin or other cryptocurrencies, just like any other investments, you should always be careful with your transactions. Since cryptocurrency is not regulated, many unscrupulous people have taken advantage of this and incidents of fraudulent cryptocurrencies, and other types of scam related to cryptocurrency have happened. One example of this is Prodeum, a cryptocurrency start-up that scammed its investors in just one weekend.
Because of these scams, law firms have now been involved in helping the victims. Cryptocurrency litigation has now become something that some lawyers specialize in. There are a lot of factors to consider when a cryptocurrency dispute arises. Aside from fraudulent Initial Coin Offering (ICO), lawyers could get involved if the cryptocurrency was used to launder money or hide assets; they could also get involved when there is an issue with the company, commercial, or intellectual property laws being violated in relation to cryptocurrency.
Here are some things that you can do as a cryptocurrency user to avoid being scammed:
In need of expert legal advice? Contact us at Hogan Injury.
None of the content on Hoganinjury.com is legal advice nor is it a replacement for advice from a certified lawyer. Please consult a legal professional for further information.
Increase in share capital (reserved to employees)
/1 Comment/in Member News /by News DeskThe French Supreme Court related to private matters (Cour de cassation) ruled as a ratio decidendi on 28 November 2018 that the single vote on the resolution related to an increase in share capital reserved to employees is considered satisfactory to regularize an increase in share capital not subject to a vote on a preceding general meeting. This allows the possibility for a general meeting to ratify an increase in share capital reserved to employees (due to the relativity of the nullity – nullité relative) and is in line with the spirit of company law to allow ratification as much as possible to ensure legal safety.
Up to date 28 November 2018
We wish you a Merry Christmas and a Happy New Year
/1 Comment/in Business /by News DeskWe would like to thank you for working with Advisory Excellence throughout 2018 and hope you and your colleagues have a wonderful festive break.
Our offices will be closed from 1pm on Friday 21st December and will re-open on Monday 7th January 2019.
Should you need any urgent help over this period, our helpdesk (+44 (0) 20 3137 6198) will be open as usual.
We look forward to working with you in 2019!
Tilray® Announces International Advisory Board
/0 Comments/in Advisory /by News DeskTilray, Inc. (NASDAQ:TLRY), a global pioneer in cannabis production and distribution, today announced the formation of its International Advisory Board, an esteemed group of business and government leaders who will provide guidance to Tilrays executive team and Board of Directors as the company pursues its aggressive global growth strategy.
We are honored to welcome this impressive group of distinguished leaders to the Tilray team, says Brendan Kennedy, Tilray CEO. As we pioneer the future of our industry around the world, the experts on our International Advisory Board will advise us on our rapidly expanding global business.
Inaugural members of Tilrays International Advisory Board include:
About Tilray, Inc.
Tilray is a global pioneer in the research, cultivation, production and distribution of cannabis and cannabinoids is currently serving tens of thousands of patients in twelve countries spanning five continents.
Cautionary Note regarding Forward-looking Statements:
This press release contains forward-looking statements, which may be identified by the use of words such as, may, would, could, will, likely, expect, anticipate, believe, intend, plan, forecast, project, estimate, outlook and other similar expressions, including statements related to Tilrays global strategy and the International Advisory Board. Forward-looking statements are not a guarantee of future performance and are based upon a number of estimates and assumptions of management in light of managements experience and perception of trends, current conditions and expected developments, as well as other factors that management believes to be relevant and reasonable in the circumstances, including assumptions in respect of current and future market conditions. Actual results, performance or achievement could differ materially from that expressed in, or implied by, any forward-looking statements in this press release, and, accordingly, you should not place undue reliance on any such forward-looking statements and they are not guarantees of future results. Forward-looking statements involve significant risks, assumptions, uncertainties and other factors that may cause actual future results or anticipated events to differ materially from those expressed or implied in any forward-looking statements. Please see the heading Risk Factors in Tilrays Quarterly Report on Form 10-Q for the quarter ended June 30, 2018 and the risks discussed in Tilrays other filings with the Securities and Exchange Commission for a discussion of the material risk factors that could cause actual results to differ materially from the forward-looking information. Tilray does not undertake to update any forward-looking statements that are included herein, except in accordance with applicable securities laws.
Insurance firms set to increase spending on actuarial consultants
/1 Comment/in Insurance /by News DeskThe research by Barnett Waddingham shows that three in five life insurers plan to spend more, with almost a third expecting to pay the same, and just one-tenth set to spend less.
This is thought to be in response to a number of structural challenges facing the industry, such as managing legacy products on inefficient IT systems and tight regulatory oversight.
“To overcome these challenges, the industry has become more dependent upon external consultants in recent years,” Barnett Waddingham partner, Scott Eason, said.
The research involved a survey of 100 leading figures across 45 life insurance companies, finding that 54% are changing or have changed actuarial consultants recently.
Although risk management should remain almost unchanged in terms of firms’ overall proportion of spending, it was found that other technical areas could see a surge in demand.
The survey found that data management and analytics skills are expected to rise rapidly to the second most in demand areas for insurance companies over the next three years.
Cost saving was cited as the number one reason for companies engaging with consultants, with 63% of the respondents ranking cost as the highest-ranking indicator of value.
However, Eason said that the findings indicate there may be inherent weaknesses in the procurement process that prevent insurers seeking the best outcomes.
“An increased focus on cost and brand is deflecting the search away from factors based on skills, delivery, cultural fit, location and experience of the client or the sector,” he said.
“This is likely to deliver poor value for the insurance company – the search for value for money must be balanced with the need for best fit and a focus on cost may be preventing this.”
New York gets more worker-friendly
/0 Comments/in Law /by News DeskLast week, Suffolk County became the latest jurisdiction in New York State to pass a so-called salary history ban law.
The county joins New York City, Westchester, Albany and other municipalities in the state in prohibiting employers from asking job applicants about their prior salary.
The intent of the salary history ban law, which takes effect in Suffolk on June 30, 2019, is to reduce pay inequality for women and minorities, and it is part of a larger trend on the state and local levels to increase workplace protections for employees.
“There have been several new laws passed in the state, and more so in New York City, over the last year or so that create added challenges for employers,” said Tony Dulgerian, a senior associate in the labor and employment practice group in the Jericho office of national law firm Nixon Peabody.
New laws come with compliance requirements and added costs, which “can be very challenging for small employers,” said Gregg Kligman, an associate in the employment law practice at Meyer, Suozzi, English & Klein in Garden City.
New York State passed a new law in April requiring all employers who operate in the state to have a sexual harassment prevention policy in place by this past October and to conduct annual, interactive training of all employees. All workers in the state must be trained by Oct. 9, 2019, and by April 1, 2019 in New York City.
“The training has to be interactive, and that’s the key,” Dulgerian said. “In-person training is the best option, but for employers with a scattered workforce or tens of thousands of employees, it’s hard to do it in-person.”
Paid family leave took effect in New York State this year, and it will be stepped up in 2019. Employers were required at the start of this year to ensure that all eligible employees have paid family leave coverage, which is set up through an insurance policy and financed through employee payroll deductions.
In its inaugural year, eligible employees were entitled to eight weeks of leave at 50 percent of their average weekly wage or 50 percent of the state’s average wage, whichever was lower. In 2019, the coverage increases to 10 weeks at 55 percent of pay, with a cap of $746.41. The maximum employee contribution for the year is $107.61.
With paid family leave, employees can take leave for bonding with a new child, whether biological, adopted or foster; caring for a sick family member, which could be a child, parent, parent-in-law, grandchild, grandparent, spouse or domestic partner; or spending time with a spouse, child, domestic partner or parent on active military duty or who has been notified of an impending call or order of active duty.
Many employers continue to have questions about the interplay between paid family leave and benefits on the federal level.
“PFL interacts with the Family Medical Leave Act, short-term disability benefits, employee vacation and sick time, and if the company has its own paid parental leave policy, it interacts with that,” Dulgerian told LIBN earlier this year. “It’s like a gigantic Venn diagram. Everything has to work together, and it has been really challenging for clients.”
Both FMLA and PFL require that the employee’s job (or an equivalent one) be guaranteed upon his or her return, but there are important differences between the two. Unlike PFL, FMLA is unpaid. Also unlike PFL, FMLA allows for leave for the individual’s own health issue, but not to care for grandparents, grandchildren or domestic partners. And PFL covers all private-sector employers regardless of size while FMLA only applies to larger employers (there must be 50 employees within a 75-mile radius of the office).
Many Long Island employers are not large enough to be impacted by FMLA and therefore have no experience dealing with protective leave. And employers with small teams may struggle disproportionately if they have to keep a job open for an extended period.
“Larger employers generally have the capacity to handle it,” Dulgerian said. “But employers have to figure it out. There’s no exception for undue burden under the PFL. Employers would be well-advised to prepare for it, such as having a temporary staffing firm at the ready. You don’t really know when you will receive a request for leave. A lot of people think it’s only for new parents, but it could be taken for many reasons, such as to care for a family member who is seriously ill or if a family member is about to go to the military.”
Dulgerian added that there is pending legislation to add bereavement as a reason for taking PFL.
The minimum wage will go up again this January, “and that has a whole bunch of issues associated with it,” Kligman said.
Large employers in New York City will have to pay workers at least $15 per hour, while their smaller counterparts will have to pay a $13.50 hourly minimum. Employers in Long Island and Westchester will have to cough up at least $12 per hour, up from $11 in 2018, and elsewhere in New York State, the minimum wage rises to $11.10 per hour.
While employees who make slightly above the minimum wage may expect an increase, as well, “that’s up to the employer’s discretion,” Kligman said.
The minimum salary for employees to be classified as exempt from overtime will also go up at the start of the year, Kligman said. In New York City, the minimum will be $1,125 per week for large employers and $1,012.50 for small employers, while the minimum on Long Island will rise from $825 to $900 per week. Employees whose earnings fall below that threshold must be eligible for overtime pay, regardless of their job description or responsibilities.
On the federal level, the complex web of laws governing the employer-employee relationship became more worker-friendly during the eight years of Barack Obama’s presidency. When the administration changed, the pendulum began to swing back in the other direction – in favor of employers. For instance, several worker-friendly National Labor Relations Board decisions from the Obama years have been overturned.
But as a new president can’t change all the policies and laws right off the bat, “the pendulum swings slowly on the federal level,” Dulgerian said.