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Injunction Issued against Biden's Vaccination Mandate for Federal Contractors

Injunction Issued against Biden's Vaccination Mandate for Federal Contractors

December 8, 2021 at 4:58 PM - Employment Law,

On December 7, 2021, Judge R. Stan Baker, a federal judge for U.S. District Court for the Southern District of Georgia, issued a nationwide injunction to block the enforcement of a vaccine mandate for federal contractors and subcontractors issued in response to President Biden’s Executive Order (EO) 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors.”

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Common Misconceptions about the “Work for Hire” Doctrine

Common Misconceptions about the “Work for Hire” Doctrine

December 8, 2021 at 2:48 PM - copyrights,

In the copyright world, the general rule is that the creator of a work owns the copyright in that work. However, this general rule does not apply to all copyrightable works, including so-called “works for hire.” The copyright “work for hire” doctrine provides that the employer automatically owns the copyright in a work for hire created by its employee within the scope of the employee’s employment, absent a written agreement to the contrary. However, there are many misconceptions regarding “works for hire” under U.S. copyright law. First and foremost, the “work for hire” doctrine applies only to a very narrow category of works, as defined in Section 101 of the U.S. Copyright Act (Title 17 of the U.S. Code). Moreover, it only applies to copyrightable works, and does not extend to works protected by trade secrets, patents, or trademarks.

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New York State Requires Notice of Electronic Monitoring

New York State Requires Notice of Electronic Monitoring

December 7, 2021 at 12:50 PM - Employment Law,

Last month, New York Governor Hochul signed into law a bill that will require employers to notify new employees of electronic monitoring of telephone, email and internet access and usage, and to obtain their written acknowledgement of the notice. This new law (the “Act”), which goes into effect on May 7, 2022, applies to all private employers, regardless of size, with a place of business in New York State.

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New Testing Requirement for All U.S.-Bound International Air Travelers

New Testing Requirement for All U.S.-Bound International Air Travelers

December 6, 2021 at 4:00 PM - COVID-19,

All U.S.-bound international air travelers must obtain a negative one-day COVID-19 test result, regardless of citizenship and vaccination status, prior to embarkation

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5 Key Elements of a Document Retention Policy

5 Key Elements of a Document Retention Policy

December 1, 2021 at 12:08 PM - document destruction,

A document retention policy is a set of practices adopted by a company to guide how documents, records and other important information are to be stored, saved and destroyed. Companies adopt document retention policies for any number of reasons, but many do so in order to comply with state and federal laws mandating either specific retention periods for certain types of records or document destruction protocols. A comprehensive policy also plays a critical role in helping to determine the existence and location of certain records in the event of litigation. At a minimum, these policies can help to control document storage costs by eliminating retention of any records whose maintenance may no longer be necessary or required by law.

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Joint Ventures Involving Tax-Exempt Organizations (Part 2)

Joint Ventures Involving Tax-Exempt Organizations (Part 2)

November 30, 2021 at 9:19 AM - Nonprofits,

Lakshmi Sarma Ramani (a Member of our Washington D.C.-based team) and co-author Anita Drummond discuss joint ventures between tax-exempt organizations and for-profit entities in their new 2-part series featured in the ACC Docket's Nonprofit Knowledge column.

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U.S. Imposes Travel Ban from Southern African Regions Effective November 29, 2021

U.S. Imposes Travel Ban from Southern African Regions Effective November 29, 2021

November 29, 2021 at 3:00 PM - travel restrictions,

In response to the COVID-19 “Omicron” variant outbreak unfolding in several southern African regions, President Biden has issued a Proclamation that, effective November 29, 2021, suspends entry into the U.S. for certain nonimmigrants who were physically present in Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the fourteen (14) day period preceding their entry or attempted entry.

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“Forgetting” to Pay Wages in California may be a Criminal Offense in 2022

“Forgetting” to Pay Wages in California may be a Criminal Offense in 2022

November 23, 2021 at 10:11 AM - employment policies,

Effective January 1, 2022, a new California law imposes criminal penalties on employers who intentionally withhold wages and tips from their employees. The law was passed on September 27, 2021, when California Governor Gavin Newsom signed into effect Assembly Bill 1003, making an employer’s intentional theft of wages - in an amount greater than nine hundred fifty dollars ($950) from any one employee, or two thousand three hundred fifty dollars ($2,350) in the aggregate from two or more employees, in any consecutive 12-month period - punishable as grand theft.

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This publication should not be construed as legal advice or a legal opinion on any specific facts or circumstances nor an offer to represent you. It is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. Pursuant to applicable rules of professional conduct, portions of this publication may constitute Attorney Advertising.

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