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Independent Contractor or Employee? The Department of Labor Issues a New Final Independent Contractor Rule

by Samy W. Abdallah | January 18, 2024 | Business Litigation , Employment & Labor Law

The U.S. Department of Labor (“DOL”) published a long-awaited final rule (the “2024 Final Rule”) on January 9, 2024, defining what it means to be an “independent contractor” under the Fair Labor Standards Act (“FLSA”). In sum, the 2024 Final Rule…

The Corporate Transparency Act: What Business Owners Need to Know

On Behalf of Berenzweig Leonard, LLP | December 14, 2023 | M&A and Corporate

Update: On March 1, 2024, a federal judge in Alabama declared the Corporate Transparency Act (CTA) unconstitutional in the case of National Small Business United v. Yellen. However, this ruling only applies to the named plaintiffs in that specific case, which includes all entities that were…

NLRB Ban on Nondisparagement and Confidentiality Clauses in Severance Agreements and What It Means for Employers

On Behalf of Berenzweig Leonard, LLP | November 7, 2023 | Business Litigation , Employment & Labor Law

Originally published in IRMI’s Summer 2023 issue of Employment Practices Liability Consultant (EPLiC) By Rachael Haley and Declan Leonard Key Takeaways The National Labor Relations Board (NLRB)’s McLaren Macomb decision was a return to prior, long- standing precedent that employers may not offer nonsupervisory…

Major Updates to SBA 8(a) Program Certification Requirements

On Behalf of Berenzweig Leonard, LLP | October 31, 2023 | Government Contracts

View the PDF here Presented by The Capital Group and Berenzweig Leonard The SBA is no longer permitting most applicants to the 8(a) Business Development Program to establish their eligibility based on the rebuttable…

New Form I-9s and Remote I-9 Verification Procedures

On Behalf of Berenzweig Leonard, LLP | October 31, 2023 | Employment & Labor Law

New Form I-9s On August 1, 2023, the U.S. Citizenship and Immigration Services (“USCIS”) released a revised version of the Form I-9, Employment Eligibility Verification that must be used for all new hires and rehires starting November 1, 2023. The notable changes in the…

How Changes to the HSR Act Could Impact the Purchase or Sale of Your Business

On Behalf of Berenzweig Leonard, LLP | October 26, 2023 | M&A and Corporate

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly released a Notice of Proposed Rulemaking (NPRM) suggesting significant changes to the existing premerger filing requirements under the Hart-Scott-Rodino (HSR) Act, which applies to all potential mergers valued at…

When Do Federal Contractors Have to Certify (and Recertify) Their Size Status?

On Behalf of Berenzweig Leonard, LLP | September 26, 2023 | Government Contracts

When a federal contractor is required to certify or recertify its small business size status can be confusing and depends on several factors, including the type of contract it is bidding on and whether the solicitation is restricted to or otherwise set aside for small business concerns.[1]…

Federal Contractors Need to Prepare for Possible Government Shutdown

by Stephanie Wilson | September 19, 2023 | Government Contracts

As the end of the federal government’s fiscal year approaches on September 30, 2023, contractors need to begin preparing for the possibility of a government shutdown. In this current political climate, it is quite possible that Congress will not be able to pass a spending bill or enact a…

The Human Requirement: AI Alone Cannot Claim Copyright for Its Creations

by Clyde E. Findley | August 29, 2023 | Intellectual Property

The meteoric rise of artificial intelligence is making an impact across the legal landscape, as courts grapple with how to handle AI matters while the technology’s development outpaces the courts’ rulemaking procedures. Specifically in the realm of copyright law, AI has been at the forefront of many questions, challenging…

You’re Hired! Navigating the Use of Artificial Intelligence in Recruiting and Hiring Practices

On Behalf of Berenzweig Leonard, LLP | July 6, 2023 | Employment & Labor Law

The EEOC recently released valuable guidance for employers on the use of Artificial Intelligence (AI) during the hiring process. The EEOC guidance document titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964”…

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