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Articles by Gail Holtzman
New Department of Labor Rule to Impact Independent Contractor Status
Effective March 11, 2024, a new final rule of the Department of Labor will be used to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule rescinds the 2021 rule and replaces it with an economic realities test that relies on the totality of the circumstances.
A Good Trend Toward Allowing Foster Children Access to Their Social Security Payments
Until recently, it was a common practice for states to claim the Social Security funds assigned to youth in foster care. However, a 2021 investigation by NPR and The Marshall Project shed light on this issue, leading to calls for reform. The investigation highlighted the fact that many foster youth were being deprived of funds that could give them a significantly brighter future.
Louisiana Audit Highlights Weaknesses in Mandated Reporter Statutes
A recent audit in Louisiana illustrates common flaws in mandated reporter schemes. As in most states, the state agency screened out the vast majority of mandated reports, indicating a lot of wasted agency energy. Between July 2017 and June 2023, nearly 250,000 reports were made, but only 37.4% of them were accepted for investigation. Another problem is that the agency appears not to have the resources to handle the volume of calls.
The Power of Incorporation: Understanding the Advantages and Structure of Corporations
Over 4.4 million businesses are started each year. This means, there are a lot of entities that need to be formed. While there are different types of entities and reasons for using each one (we describe more in this article), we want to focus on corporations in this article. A corporation is a legal entity that exists separately from its owners, known as shareholders.
UK-US Data Transfer Rules Finalized
The US has had a lot of trouble with data movement since 2018, when the EU's GDPR privacy rules came into effect. In part because of US national security/intel/surveillance efforts, the governments of EU countries do not trust that the US is "adequately" able to address data privacy. There is a cumbersome process in place to move personal data out of the EU and into the US in commercial undertakings, but it has been plagued by uncertainty since the beginning and can be difficult to implement.
FinCEN Proposes Additional Time for Beneficial Ownership Reporting For Reporting Companies Created or Registered in 2024
The Financial Crimes Enforcement Network (FinCEN) this week announced a notice of proposed rulemaking (NPRM) that would extend the time allowed for entities formed or registered to do business in 2024 to file their initial beneficial ownership reports. Comments may be submitted on or before October 30, 2023.
How Wastewater Treatment Plants are Used to Monitor Public Health?
There are more than 16,000 wastewater treatment plants or WWTP’s in the US treating wastewater generated by more than 75% of the population. Most every urban area with a population of 50,000 or more residents uses at least one WWTP to treat wastewater. When most of our population flushes the toilet, brushes their teeth, or washes dishes in a sink, they generate wastewater that requires treatment.
Child Protection Policies Need Boundaries for Out-of-Program Contacts
A teacher in Tennessee has been arrested for engaging in inappropriate behavior with multiple juvenile victims. Students reported that they initially became friends with the teacher, then began interacting with her through video games and social media. She has denied the charges of molestation, but police say she has admitted to inappropriate contact over social media.
Taylor English Set to Add Hospitality Team from Taylor, Feil, Harper & Lumsden P.C.
D. Taylor Harper, Lisa F. Harper and Mitch Funk Joining the Firm November 1 ATLANTA (September 27, 2023) – Taylor English Duma LLP is pleased to announce that the core hospitality team from Taylor, Feil, Harper & Lumsden P.C. (TFH Legal) will be joining Taylor English’s Atlanta office. Although the two firms have already started working on joint matters for clients, the team from TFH legal will officially join Taylor English on November 1. Lisa F. Harper and D.
Bipartisan Senate AI Bill May Be Coming
Senators Thune and Klobuchar apparently are tired of waiting on comprehensive AI legislation from Congress. In this weariness, they may be thinking of how long Congress has dragged out / failed at producing privacy legislation that would set national standards.) Thune's office is announcing that they will release a "light touch" AI bill that requires self-assessment and certification by covered companies that their use of AI is safe.
Challenges in Maine’s Foster Care System
Maine recently joined a long list of states struggling with challenges in providing consistent and quality foster care to vulnerable children. A recent report highlighted a range of issues ranging from overburdened caseworkers to slow-moving administration. Caseworkers, who play a vital role in ensuring the welfare of children, described being overworked and struggling to meet the required monthly home visits.
Close Relationships Help Counter Childhood Trauma
A telephone survey of more than 4600 people in Great Britain sheds light on the relationship between adverse childhood experiences (ACEs) and various health factors before and during the pandemic. The survey found that individuals with higher ACEs scores reported a greater impact from the effects of the pandemic and associated restrictions, but that close family and friend relationships lessened that impact.
Breaking: Federal Government Offers Free At-Home COVID Tests By Mail
Starting Monday, September 25th, the federal government will again offer free at-home COVID tests. Every U.S. household can order four free COVID-19 rapid tests delivered directly to their home. Tests can be ordered, and additional information is available, at COVIDTests.gov. Tags barrows_brandie, coronavirus impact updates, covid-19, news, employee benefits, health care
Painting a Picture of Atlanta’s Dysfunctional Eviction Process for Sub-Standard Rental Properties!
Approximately 3.6 million eviction proceedings are filed in the US every year. Given that the US population is approximately 330 million, that means 1 out of 100 families faces eviction on an annual basis. Increasing rental rates are causing that number to rise in many major cities. Nationwide rents have risen by ±30% from the pre-pandemic rates. Meanwhile safe and affordable housing is not keeping pace with evictions.
As Pandemic Funds Expire, Schools Reassess Mental Health Services
Part of the federal pandemic relief funding included the Elementary and Secondary School Emergency Relief Funds program (ESSER). Many schools used the funds to provide videoconference mental health services for their students. With the ESSER funds scheduled to expire in October 2024, school districts are reviewing whether they can continue to offer the telehealth services. As one educator told the journalist, “It's hard to provide a great service. We are in that predicament of how do we continue it?
Annual Medicare Notice of Creditable Coverage Due October 15th
Employers sponsoring group health care plans with prescription drug benefits must provide individuals eligible to enroll in a Medicare Part D prescription drug plan with a Notice of Creditable Coverage (Notice) no later than October 15th.
Jury Places $4 million Price Tag on Lack of Due Process
A jury in Washington County jury recently awarded nearly $4 million to a former Pacific University student who claimed that the school mishandled allegations of sexual assault against him. Title IX requires schools to promptly and effectively respond to reports of sexual harassment or assault. Courts uniformly are requiring that schools not forget due process during that response.
Mitzi Hill to Present on American Staffing Association Webinar
On Tuesday, October 10, I will present at the American Staffing Association's (ASA) webinar on “Beyond California: Update on State Laws Related to Cybersecurity and Privacy.” In this webinar, I will discuss cybersecurity and privacy laws beyond California and will provide a comprehensive update on the latest state-specific legislation. Additionally, I'll explore how these laws reshape data protection and consumer privacy obligations for businesses outside the Golden State.
Russ Dunlap Presenting at the Greener Manufacturing Show North America 2023 Conference
Please join me for an interactive workshop discussion titled “Protecting and Leveraging Your ‘Green’ Innovations: Legal and Business Strategies Every Manufacturer Should Follow” at the Greener Manufacturing Show North America 2023 Conference, on Thursday, October 12th, from 11:05 - 11:20 p.m. EST. I will discuss practical tips and strategies for creating a customized blueprint to safeguard and utilize a company's "green" intellectual property.
Helping Trusts Comply with the Corporate Transparency Act
The Corporate Transparency Act takes effect on January 1, 2024 and companies in existence before that date will have one year in which to file an initial beneficial ownership report (BO Report). Helping trusts manage their compliance, however, raises special concerns for trustees and their attorneys. Congress adopted the Corporate Transparency Act (the "CTA") to create a nationwide registry of corporate beneficial ownership in order to fight money laundering.
Most Children Know Their Online Predators
The prevailing narrative around online violence against children often revolves around the notion of "stranger danger." However, a recent meta-analysis, which reviewed 32 studies covering thousands of minors, challenges this widely-held belief. The findings suggest that most children know their online predators.
United Auto Workers Begin Strategic Strikes
When union contracts at all three Detroit-based automobile and pickup truck manufacturers expired at midnight on September 14, the United Auto Workers called strategic strikes at three carefully selected assembly plants, one operated by each of the companies.
What's the Worst that can Happen? Arrest!
"What's the worst that can happen?" is a question employers often ask, and for good reason. You need to fully understand and appreciate the range of possible outcomes when making decisions in order to make the best choice for your company.
LLCs Demystified: Understanding the Advantages and Uses of Limited Liability Companies
So you have a business or an idea, maybe an investment and you are buying an asset, and you want a "company". What does that really mean? What are your options? How do you go about setting it up? What is the best resource for finding out more information? These are all questions that we hear on a regular basis from family offices, inventors, entrepreneurs, business owners, and executives growing their businesses.
CMS Excluded LPNs from Proposed Nursing Home Staffing Regulations
The recent announcement by the Centers for Medicare and Medicaid Services (CMS) regarding proposed nursing home staffing regulations has sparked discussions and concerns within the healthcare community. One particular topic is the exclusion of Licensed Practical Nurses (LPNs) from the proposed regulations. If the proposed regulations are not altered to include LPNs after the comment period, nursing home facilities may face challenges.
More Website Session-Replay "Wiretapping" Claims Struck Down
A federal court has rejected two wiretapping claims based on the use of session-replay technology, which is a common internet tool used to study and improve user experience on a website. These claims, and other similar claims based on different pre-internet laws, have become increasingly common in the last two years following favorable rulings in two federal circuits. These cases are, largely, an effort to retrofit pre-internet laws for online privacy claims.
t|e General Counsel Announces Addition of Former Tesla Deputy General Counsel M. Yusuf Mohamed
ATLANTA (September 13, 2023) – t|e General Counsel, the fractional general counsel practice of Taylor English Duma LLP, announced the addition M. Yusuf Mohamed in Atlanta. Mohamed joins as a partner and will focus his practice on corporate and business matters with a concentration on the technology and manufacturing industries.
Developments in Solar Cell Efficiency are Fueling Construction of Commercial Solar Farms!
The amount of energy reaching the earth from the Sun every minute is greater than the energy consumed by all of mankind throughout the World in an entire year! The Sun is a limitless source of energy. If there was only a way for mankind to capture that energy? Silicon-based solar cells or panels were first patented in 1954 and were available for sale the following year. Solar cell efficiency is measured by the ability of the cell to convert sunlight into electricity.
"Supreme Court Toughens Requirements for an Accused Work to Be Deemed “Transformative” for Copyright Fair Use Defense Purposes," Georgia Bar Journal
I am pleased to have published my article in the latest edition of the Georgia Bar Journal, discussing the Supreme Court's copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith (May 18, 2023). At page 5 of this Journal edition, the Editor's Letter states: On the timely topic of technology and the rise of artificial intelligence (AI), how could this issue not include an article on copyright law (featuring Warhol and Prince)?
Foster Care Stresses are Universal
Ireland is facing the same problems as the United States in keeping foster parents. A recent survey of Irish foster parents found that 76% of them would not recommend fostering to new families because of financial issues. The head of the Irish Foster Care Association noted that these problems are adding pressure to an already overwhelmed system.
Protect Yourself at All Times . . . Especially if Your Customer is Headed to Bankruptcy Court!
The Taylor English Creditors’ Rights and Bankruptcy team is closely monitoring the rise in bankruptcy filings. As the economic landscape evolves, our team vigilantly tracks significant developments to ensure clients are well-prepared to navigate these challenging times. According to the Administrative Office of the U.S. Courts, there were 418,724 bankruptcy filings in the year ending June 2023, in contrast to 380,634 cases in the prior year.
The Legal Cornerstone of Staffing: Celebrating National Staffing Employee Week
Taylor English is proud to be a member of the American Staffing Association. We are pleased to recognize and celebrate National Staffing Employee Week from September 11th to 17th.
Proposed Rules for Accommodating Disabled Patients in Healthcare Settings
Last Thursday, the Department of Health and Human Services (HHS) proposed new rules that would require healthcare providers to make accommodations for disabled patients. The stated goal of these rules is to ensure equal access to healthcare facilities and services for individuals with disabilities. The proposed rules cover various areas, including access to physical facilities, patient communications, medical equipment, and triage protocols.
Google To Require Disclosure of Use of AI in Campaign Ads
Google will require that campaigns disclose certain types of digitally altered or generated content. These new rules are part of Google's overall standards against deceptive, fraudulent, and misleading political ads. "Synthetic content" that has been altered or generated to show "real or realistic-looking" people and events must be "prominently disclosed." De minimis edits (such as re-sizing a picture) and certain other digital changes would not have to be disclosed.
Homeowner Association, Community Associations, Condo Associations and the Corporate Transparency Act
The Corporate Transparency Act (CTA) poses unique challenges for Homeowner Associations, Community Associations and Condo Associations (“Associations”). A few months ago, my tax partner Harry Teichman and I posted an article that analyzed how the CTA would apply to Associations. The CTA contains an exemption for “non-profits.” At first glance, many Associations might conclude they were exempt.
Bridging the Generational Gap: The Power of Advisory Boards
Corporate Boards of Directors play an integral role in the management of the companies they serve. They provide both oversight on strategy and ongoing risk management reviews. A challenge often arises, however, when it comes to the composition of these boards. Despite efforts to diversify, board members tend to be older with the average age of those on FTSE 150 boards nearing 60. On the other hand, a company's customer base is often statistically a younger demographic than its corporate board.
Gail Golman Holtzman Presents on the Pregnant Workers Fairness Act at American Staffing Association’s Staffing World 2023
The American Staffing Association Staffing World 2023 Conference is less than one month away! The Staffing World Conference, held in Charlotte, North Carolina, on October 3rd–5th, 2023, focuses on the staffing community to forge strategic connections, gain insights into innovative approaches, and access solutions that drive business success and foster expansion.
Florida Employers: Be Aware of Expanded E-Verify Requirements
Effective July 1, 2023, a new Florida law, Chapter 2023-40, expands E-Verify requirements to include private sector employers with 25 or more employees. Within three days after an employee begins working for pay, covered employers must now use the E-Verify internet system to verify a new employee's employment eligibility, in addition to using the Form I-9 to ensure identity and employment.
Employers Get Ready: The Pregnant Workers Fairness Act Becomes Effective on June 27, 2023
Employers should be ready by June 27, 2023, to comply with the Pregnant Workers Fairness Act (“PWFA”), signed into law by President Biden last December.
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