Federal alert indicates increased focus on speaker programs and their
potential to violate the anti-kickback statute
Category: Business Law
SEC Updates Accredited Investor Definition
The Securities and Exchange Commission has adopted amendments to the “accredited investor” definition contained in Rule 501(a) of Regulation D which is one of the principal tests for determining who is eligible to invest in private capital raising transactions.
HOW DOES THE LAW REGULATE MASS LAYOFFS AND PLANT CLOSINGS?
Recently, the Commerce Department disclosed the most devastating three-month collapse of the U.S. economy ever. In the second quarter of 2020, the gross domestic product fell by 9.5%. The effects of the coronavirus pandemic reached throughout the economy. Consumers cut their spending. Businesses reduced their…
Social Distancing, Quarantine, and Effective Estate Planning in a Pandemic
For many of our business clients, addressing the realities of estate and business succession planning amid the COVID-19 pandemic may seem unnecessarily alarmist or generally depressing. However, it is an all too necessary and practical concern for the sober-eyed, forward-thinking business leaders that make up…
HOW DOES THE COLLISION OF THE COVID-19 PANDEMIC WITH WORKPLACES POSE SAFETY ISSUES FOR EMPLOYERS?
The Occupational Safety and Health Act (“OSH Act”), requires employers to satisfy the safety and health standards and regulations issued and enforced either by the Occupational Safety and Health Administration (“OSHA”) or by an OSHA-approved State Plan. In addition, the OSH Act’s General Duty Clause,…
COVID-19 DISRUPTS WORKPLACES AND CONFRONTS EMPLOYERS WITH COMPLICATED LABOR AND EMPLOYMENT LAW ISSUES
The COVID-19 Pandemic has forced employers to face public health, customer service, workforce, travel, and business disruptions in constantly evolving circumstances. Many of the decisions that employers must make on-the-fly create unintended consequences with serious labor and employment law liability issues. This blog will address employment discrimination and leave law-related issues raised by the Covid-19 pandemic.
ILLINOIS LAW LEGALIZING CANNABIS FOR ADULTS IN THE NEW YEAR MAKES EMPLOYER DRUG TESTING AND DISCIPLINARY ACTION FOR WORKPLACE MARIJUANA USE HAZY
I. Illinois’ New Law Legalizing Cannabis for Adults Authorizes Employers to Maintain Zero Tolerance or Drug Free Workplace Policies and to Conduct Drug Testing. The Illinois General Assembly enacted the Cannabis Regulation and Tax Act (“Cannabis Act”) on May 31, 2019. Governor J.B. Pritzker signed…
Recent Missouri Supreme Court Opinion Upholds Legislative Amendment Process
Have you ever intently followed legislation that you supported—an education bill, for instance—only to find out that another education-related proposal you didn’t like had been added to the bill as an amendment? While this can be frustrating to the observing citizen, it certainly is not…
HOW TO MANAGE THE FAIR LABOR STANDARDS ACT’S EXEMPTION FOR OUTSIDE SALES REPRESENTATIVES
Most employers that pay their outside sales representatives on a commission basis do so because of long-established practices, rather than a sound understanding as to how the Fair Labor Standards Act (“FLSA” or “Act”) impacts such a compensation practice. Generally, the Act requires employers to…
HOW TO USE SOCIAL MEDIA DURING RECRUITING AND HIRING WITHOUT LIABILITY
Seven in ten Americans use social media, according to the Pew Research Center. They connect with one another, access content, share information, and entertain themselves through social media. When the Pew Research Center first surveyed the use of social media in 2005, only five percent…