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In a 2019 Decision, the NLRB Establishes a (Not So) New Independent Contractor Test

Earlier this year, the National Labor Relations Board (NLRB) revised its independent contractor test, overturning a controversial standard established in 2014.
The decision is the latest federal attempt to clarify the legal distinction between employees and independent contractors.

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DEA Extends Flexibilities for Remote Prescribing of Controlled Substances

  Situation:  Pre-COVID, patients being prescribed controlled substances required at least one in-person visit pursuant to the Ryan Haight Act.  The DEA temporarily waived the in-person requirement during the COVID public health emergency so as to prevent lapses in care for those being prescribed medications such as Suboxone for opioid use disorder.  In May 2023,…

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Demystifying the Bankruptcy Process – Part Five

Originally posted on 10/13/2020, content updated on 10/12/2023 The COVID-19 pandemic created a lot of turmoil in every industry and every company. Stay-at-home mandates forced most retailers, restaurants, and event venues to close their doors without realistic prospects of a return to pre-COVID operations. The risk of dealing with a company in financial distress was…

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Deciding Whether to Have a Prenup?

Deciding whether to have a prenuptial agreement, often referred to as a “prenup,” is a personal choice that should be made after careful consideration. While prenups are not necessary for every couple, there are several reasons why you might want to consider having one: Protection of Assets: Prenups can be a valuable tool for protecting…

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Gender Identity and Expression Are Now Protected Characteristics Under New York State Law

Originally posted on 03/12/2019, content updated on 10/11/2023 On Sunday, February 24, 2019, the Gender Expression Non-Discrimination Act (GENDA) went into effect in the state of New York. The law safeguarded transgender and gender nonconforming people from discrimination by designating gender identity and gender expression as protected characteristics under New York’s human rights and hate…

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Divorce: It’s Not About Winning or Losing – It’s About How You Play The Game

Originally posted 3/4/2020, no content changes. Legendary football coach Vince Lombardi once said, “Winning isn’t everything…it’s the only thing.” Well when it pertained to his beloved Green Bay Packers, this hall-of-famer might’ve been right. However, when it comes to divorce, what’s more important is “how you play the game.” Getting what you want out of a…

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OK at Work: EEOC’s Newest Guidance on Workplace Harassment

On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the latest proposed guidance from the Equal Employment Opportunity Commission (“EEOC”) on workplace harassment. This guidance is the first update to workplace harassment guidance in nearly 25 years. It aims to address recent societal events, such as the #MeToo movement and changes in…

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New York City Employers: Do You Know All the Labor and Employment Laws that Apply to Your Business?

Originally posted on 06/11/2019, content updated on 10/09/2023 Business owners in and around New York City have a greater number of legal obligations than do employers in almost every other region in the United States. Why? Because New York City business owners stand at the intersection of three sets of rigorous labor and employment laws….

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Choice of US Entity for Foreign Companies

Foreign companies (“FC”) wishing to establish a US entity to expand their business activities in the US will need to consider whether to form a corporation (Inc.) or a limited liability company (LLC).  Likewise, an FC which wants to invest in an Inc. or an LLC will need to be familiar with certain tax and non-tax aspects of an Inc. and an LLC…

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U.S. Inbound M&A and Investment Transactions May Be Subject to CFIUS Review

Originally posted on 03/26/2020, content updated on 10/06/2023 Foreign companies and investors who are acquiring or investing in a U.S. company should consider whether their U.S. inbound transaction will be subject to review by the Committee on Foreign Investment in the United States (CFIUS). On February 13, 2020, regulations (31 CFR §§800, 802) (the “Final…

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