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Client Advisories
04.24.2024
On April 23, 2024, the Department of Labor (“DOL”) announced long-awaited revisions to overtime regulations under the Fair Labor Standards Act (“FLSA”). The most important change will allow many more workers to receive overtime pay because the DOL raised the minimum salary that employees must receive before they can ever be exempt from overtime under the recognized “white collar” exemptions for executives, professionals, and administrative employees. The DOL also finalized its proposed changes to the separate highly compensated employee exemption’s total annual compensation requirement methodologies. The revised earning thresholds will become effective on July 1, 2024, and will increase again, significantly, on January 1, 2025.
Client Advisories
04.23.2024
Federal Trade Commission Makes Good on Promise to Ban Non-Competes
Client Advisories
04.17.2024
Ban on the Run: Federal Trade Commission’s Proposed Non-Compete Ban Headed to Vote
Client Advisories
04.11.2024
USEPA Announces Final National Primary Drinking Water Regulation for PFAS Compounds
On April 10, 2024, the United States Environmental Protection Agency (USEPA) announced the final National Primary Drinking Water Regulation (NPDWR) to establish legally-enforceable Maximum Contaminant Levels (MCLs) for certain per- and polyfluoroalkyl substances (PFAS) in drinking water. The individual compounds covered by the proposed regulation are: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, sometimes referred to as “GenX” compounds), and perfluorohexane sulfonic acid (PFHxS). Additionally, the final rule covers PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and perfluorobutane sulfonic acid (PFBS) using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water.
Client Advisories
04.10.2024
An Update on the NY LLC Transparency Act
The federal Corporate Transparency Act (the “CTA”) became effective on January 1, 2024. However, it is not the only legislation requiring the disclosure of a private company’s beneficial owners. On December 22, 2023, New York Governor Kathy Hochul signed the New York LLC Transparency Act (the “NYLTA”). On March 1, 2024, she signed a chapter amendment to the same, which amended certain provisions and prescribed final rules for the NYLTA. Among other changes, this amendment postponed the NYLTA’s original effective date of December 21, 2024. Now, new LLCs formed or registered after January 1, 2026 must comply with the NYLTA within 30 days of formation/registration and LLCs existing prior to January 1, 2026 must comply by January 1, 2027.
Client Advisories
03.27.2024
Understanding Quid Pro Quo Contributions for Your Nonprofit Gala
Final ThoughtsHosting a fundraising gala can be an exciting and rewarding endeavor for your nonprofit organization. However, it’s essential to remember the legal and regulatory obligations that come with soliciting contributions from donors.By understanding and adhering to the IRS rules regarding quid pro quo contributions and state charitable solicitation laws, you can protect your organization’s tax-exempt status, maintain donor trust, and pave the way for continued success in your fundraising efforts. For more information, please contact Noel Fleming at 267.422.9855 or nfleming@archerlaw.com, or Kayci Petenko at 267.422.9856 or kpetenko@archerlaw.com. DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.
Client Advisories
03.25.2024
Nothing Has Changed with the Corporate Transparency Act
On March 1, 2024, a federal district court in Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional and enjoined FinCEN from enforcing the CTA against the plaintiffs. We will spare you the details of the court’s decision in National Small Business United v. Yellen, No. 5:22-CV-1448-LCB, (N.D. Ala. Mar. 1, 2024). However, the injunction applies only to the plaintiffs in the Alabama lawsuit. In this regard, on March 4, 2024, FinCEN issued a press release essentially implying that it will continue to enforce the CTA against everyone except the plaintiffs in the Alabama lawsuit. On March 11, 2024, the U.S. Treasury Department filed an appeal to the U.S. Court of Appeals for the Eleventh Circuit.We cannot predict how the Eleventh Circuit will decide the appeal, but regardless how it rules, it seems likely that the case will be appealed to the U.S. Supreme Court. In that event, it seems unlikely that the issue would be resolved by the end of the year. Further, the federal court in Alabama provided Congress with an outline on how to amend the CTA to make it constitutional, so that is a possibility. We do not believe that the CTA will go away, so our advice at this time is as follows:
Client Advisories
03.19.2024
The Shifting Landscape of Esports Leagues
Compared to traditional sports, esports are in a constant state of flux at almost every level. New games enter the competitive scene as they are released or gain popularity, and the games themselves experience updates and balance changes throughout the year, from minor tweaks to new playable characters or maps. These changes are almost entirely decided by the games’ developers, who control not just the content of the games, but also have substantial influence over the competitions involving them, creating a tournament landscape that can be difficult to navigate for newcomers and professionals alike.
Client Advisories
03.05.2024
Does Your NJ LLC Have a Limited Duration?
If your New Jersey limited liability company (LLC) was formed prior to March 18, 2013, you should check your LLC’s certificate of formation to see if it has a limited duration of 30 years. If so, you will need to amend the certificate to give your LLC a perpetual life. Otherwise, your LLC may be automatically dissolved after 30 years.
Client Advisories
02.26.2024
In a deliberate move to widely expand victim protection in New Jersey, the state Legislature amended the Sexual Assault Survivor Protection Act of 2015. In order to highlight the significant changes, the Legislature renamed the act to the Victim’s Assistance and Survivor Protection Act (“VASPA”). VASPA is now codified and went into effect on January 1, 2024.The VASPA amendments now allow for an individual to pursue the entry of a restraining order if that person is subjected to stalking or cyber-harassment. Stalking is more specifically defined in the Act, but can be summarized to include incidents of repeatedly maintaining a visual or physical proximity to a person, either directly or indirectly by any action, method or device. Cyber-harassment is also more specifically defined in the Act, but can be summarized as conduct that occurs in an online capacity with the purpose to harass another.With this series of amendments, it is evident the Legislature understands the impact stalking and cyber-harassment has on its victims. This is further reflected in the jurisdictional parameters within the Act, including the Act’s handling of the location of both alleged victims and possible defendants across state lines. As such, the Legislature took this Act a step further by significantly limiting any jurisdictional issues as it relates to both alleged victims and possible defendants. More specifically, VASPA states in order for a New Jersey Court to have jurisdiction, only one of the following need be true:
Client Advisories
02.06.2024
Client Advisories
01.23.2024
Governor Murphy Signs NJ Legislation Protecting Consumer Data
On January 16, 2024, Governor Murphy signed legislation protecting New Jersey consumer privacy rights and data (S332/A1971). Under the legislation, website owners and online providers are required to notify their customers and website visitors of their data collection, processing, and disclosure practices, in addition to providing New Jersey consumers with the option to opt-out of collection and disclosure. New Jersey is the 13th state to pass a comprehensive privacy law granting consumers greater control over their data. Below is a summary of the law’s key provisions.
Client Advisories
01.10.2024
New Jersey Legislature Passes Comprehensive Consumer Privacy Bill
On January 8, 2024, the New Jersey legislature passed the state’s first comprehensive consumer privacy bill, Senate Bill S332. S332 follows in the footsteps of other comprehensive state consumer privacy laws and aims to protect consumer personal data, which is broadly defined under the bill as “information that is linked or reasonably linkable to an identified or identifiable person,” but excluding de-identified data and publicly available information. As a general matter, the bill grants New Jersey consumers many of the same rights afforded to consumers in states with comprehensive privacy laws, including California, Washington, Colorado, Connecticut, Utah and Virginia. However, there are notable distinctions between S332 and the patchwork of state privacy laws currently in effect, making nationwide compliance difficult to implement. The following alert provides a summary of S332 and some of its key provisions.
Client Advisories
12.04.2023
Understanding Your Obligations Under the Corporate Transparency Act
A new federal law, the Corporate Transparency Act (“CTA”), becomes effective on January 1, 2024. The CTA requires more than 30 million privately-held companies to register with the federal government and disclose certain information about itself and its owners and management. It applies to companies formed in the U.S. as well as companies formed outside the U.S. and registered to do business in the U.S. There are significant civil and criminal penalties on companies, senior management and owners who fail to comply with the CTA. BACKGROUND The CTA was enacted into law as part of the Anti-Money Laundering Act of 2020, which is itself part of the National Defense Authorization Act for Fiscal Year 2021 (“NADA”), 31 U.S.C. § 5336. The CTA was enacted by Congress on January 1, 2021 by overriding then-President Trump’s veto of the NADA. The CTA aims to help prevent and combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity. The CTA is administered by the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”). FinCEN has published rules implementing the CTA (the “Rules”). The Rules require certain corporations, limited liability companies, and other similar entities to disclose specific identifying information about two categories of individuals: (1) the beneficial owners who own or control such entities, and (2) the company applicants who form or register them. FinCEN will use the information to maintain a database available to law enforcement authorities and financial institutions.
Client Advisories
10.27.2023
New Jersey Board of Public Utilities Takes New Action on Community Solar Petitions
The New Jersey Board of Public Utilities (BPU) approved four Community Solar PY2 project petitions granting deadline extensions due to unforeseeably long interconnection delays, which “were systemic, unforeseen and unforeseeable by the Petitioners, and wholly outside of their control.” The Board granted relief for these projects by waiving the rules that require PY2 projects to be complete and submit post-construction documents before the November 4, 2023 deadline. The Board found that full compliance with these rules would adversely impact New Jersey ratepayers and permitted an extension of time for these projects to remain in the Community Solar Program and in the TI Program to receive TRECs if the projects submit all required documents within four months after the necessary upgrades to interconnect the projects are complete.
Client Advisories
10.09.2023
USEPA Finalizes Rule Requiring Reporting of PFAS Data Under Toxic Substances Control Act (TSCA)
On September 28, 2023, the United States Environmental Protection Agency (USEPA) finalized a new rule under the Toxic Substances Control Act (TSCA) that requires companies to report the manufacture or import of any per- and polyfluoroalkyl substances (PFAS) since 2011, including products containing PFAS. USEPA’s announcement on the final rule can be found here. TSCA provides USEPA with the authority to require reporting, record-keeping and testing, and impose restrictions related to chemical substances and/or mixtures.
Client Advisories
08.10.2023
CMS Proposes New Regulations Impacting Hospice Agencies
New IDR Process and Special Focus Program Being Implemented for Hospice
Client Advisories
07.26.2023
NJ DOH to Revoke Seven COVID-19 State of Emergency Health Care Facility Waivers
Most recently, as per its website, the NJ DOH will revoke seven health facility waivers as of August 13, 2023. They are: