Does your HOA comply with the new Corporate Transparency Act?
Does your HOA comply with the new Corporate Transparency Act? Beginning January 1, 2024, the Corporate Transparency Act (“CTA”) requires many small businesses to report information about the association and individuals who exercise “substantial control” over the business. Most homeowner’s associations will also need to report.These reports are filed online with the Treasury Department’s Financial Crime Enforcement Network (FinCEN). If your association was formed before January 1, 2024, you have until the end of 2024 to file. The reports must be updated when changes occur. Failing to report can result in criminal and civil penalties.A homeowner association must report (1) the
Texas Court Halts FTC’s Noncompete Ban in a Limited Ruling
Texas Court Halts FTC's Noncompete Ban in a Limited Ruling More than 30 million Americans are currently subject to a non-compete agreement. Two months ago, the Federal Trade Commission (FTC) enacted a rule, effective September 4, 2024, that would invalidate all such agreements, except those applicable to senior executives. However, on July 3, a judge for the U.S. District Court for the Northern District of Texas granted a temporary injunction preventing the FTC from enforcing the new rule, albeit only applicable to the parties in the case. Ryan LLC, a small tax preparation firm in Northern Texas, and the U.S. Chamber of
Court of Appeals Solidifies What Constitutes an Insurable Interest
Court of Appeals Solidifies What Constitutes an Insurable Interest Insurance companies have developed a reputation among some observers for frequently avoiding paying out bona fide claims. Recently, Allstate inadvertently reinforced this conception by arguing that a woman did not have an “insurable interest” in her home when it burnt down, because the bank was seeking to evict her. In Hope Federal Credit Union v. Griffin, the Tennessee Court of Appeals clarified what counts as an “insurable interest” in real property. Here, the question arose whether Allstate was required, pursuant to its insurance policy with Ms. Griffin, to reimburse her for additional living
New Filing Requirements Imposed on Corporations
New Filing Requirements Imposed on Corporations Effective January 1, 2024, the Corporate Transparency Act requires many companies to make reports with information about the company and individuals who exercise "substantial control" of the company with the Treasury Department's Financial Crime Enforcement Network (FinCEN).The reports are filed on-line and the process is relatively easy for a single company. For companies with subsidiaries, the process can be more complicated. There are exemptions, but most of those exemptions do not apply to a small business. There are both civil and criminal penalties if you do not comply with the filing requirements of the Act.If
EEOC Issues Finalized Guidance for Harassment in the Workplace
EEOC Issues Finalized Guidance for Harassment in the Workplace The Equal Employment Opportunity Commission (EEOC) released its Enforcement Guidance on Harassment in the Workplace on April 29, 2024. The Guidance obtained approval from a majority vote of the EEOC commissioners, who considered 38,000 public comments on the EEOC’s proposed harassment guidance, issued October 2, 2023. The EEOC’s stated aim for the Guidance is to “help people feel safe on the job and assist employers in creating respectful workplaces.”To reach this aim, the Guidance lists new kinds of discriminatory behavior, such as online harassment in virtual work environments, refusal to use a
“Latte With a Lawyer” Hosts Wilson Worley PC Attorney Robert L. Arrington
Wilson Worley Attorney Bob Arrington recently appeared on the "Latte With a Lawyer" Podcast sponsored by EmotionTrac, a vendor of case preparation software. During his time as a guest, Arrington discussed his impressive career, his current practice, as well as the Firm. To listen and learn more of Attorney Arrington's career, the link to the Podcast is here.
Stericycle Summary
On August 2, 2023, The National Labor Relations Board (“NLRB”) overruled the prior decisions in Boeing Co. and LA Specialty Produce Co. because they permitted employers to adopt “overbroad work rules” that chill employees’ exercise of their rights under Section 7 of the National Labor Relations Act. The NLRB found that the former standard failed to account for the economic dependency of employees on their employers, gives too little weight to the burden a work rule could impose, gives too much weight to employer interests, and does not require the employer to make rules only to promote legitimate and substantial
DOL Reverts to Old Ideas for New Construction Worker Wages
On August 8, 2023, the Department of Labor (DOL) announced their final rule (Final Rule) revising the Davis-Bacon Act (DBA) and Davis-Bacon Related Acts (Related Acts). The DBA and Related Acts require contractors and subcontractors that perform work on federal and federally funded construction projects to pay a government-determined prevailing wage and benefit rate on an hourly basis to on-site construction workers. While the Final Rule makes several changes to the DBA and Related Acts, (the list is too exhaustive to cover in a single blurb such as this) it’s the change regarding how the prevailing wages are determined that is
NLRB ELECTION RULE CHANGES
NLRB Overturns 2019 Trump-era Election Procedures in Two Recent Rulings This August, the National Labor Relations Board (“NLRB”) issued two rulings that will have important implications for nonunion employers. On August 25, 2023, the NLRB issued its decision in Cemex Construction Materials Pacific, LLC, where the NLRB partially returned to a decades-old test from Joy Silk Mills, Inc, changing how and when unionizing elections can be held. Under the prior Linden Lumber rule, an employer had the right to a secret ballot election before unionization would be permitted. However, under the new Cemex rule, it is easy for the employer to lose
WILSON WORLEY P.C. HOLIDAY HOURS
Our office will be closed Monday, July 3rd and Tuesday, July 4th in observance of Independance Day!