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New York City Amends its Sick Leave Law to Align with New York’s Statewide Sick Leave Law
October 27, 2020
On September 28, 2020, Mayor de Blasio signed into law amendments to New York City’s Earned Safe and Sick Time Act (the “Act”). The amendments, which went into effect on September 30, 2020, generally align the Act with New York’s recently enacted statewide sick leave law that also went in...
L’investissement immobilier aux Etats-Unis Structures et stratégies fiscales
October 23, 2020
Le but dans la structuration de tout investissement, où qu’il soit, est de minimiser ou d’éliminer: l’impact fiscal, les droits de succession et le risque en termes de responsabilité....
IRS Issues Guidance on Deferral of Employee Social Security Taxes
October 8, 2020
On August 28, 2020, the Internal Revenue Service issued Notice 2020-65 (the “Notice”) to provide guidance on implementing the employee payroll tax deferral contained in President Trump’s Presidential Memorandum of August 8, 2020. The Notice authorizes, but does not require, employers to def...
Public Company’s Financial Reporting Requirement Relating to Acquisitions
September 8, 2020
The U.S. Securities and Exchange Commission (the “SEC”) believes that it is in the public interest for companies (“U.S. Public Companies”) with reporting obligations under the Securities Exchange Act of 1934, as amended (the “1934 Act”), that undertake material acquisitions to disclos...
New York Enacts Statewide Sick Leave Law
August 20, 2020
Following enactment of New York’s COVID-19 sick law, Governor Cuomo signed into law on April 3, 2020 a separate and permanent statewide sick leave law (the “Law”). The Law adds a new Section 196-b to the New York Labor Law that requires private employers, regardless of size, to provide sick...
New York State Issues Reopening Requirements and Guidance for Office-Based Work
July 10, 2020
As part of its “New York Forward” reopening plan1 for “Phase II” businesses, New York State authorized office-based businesses (other than medical offices) to reopen on June 22, 2020; provided they meet certain “minimum” requirements in light of COVID-19. These requirements must be met fo...
Seller Beware: Don’t market your business without doing a presale legal audit
June 25, 2020
Selling a business involves significant risk and is something that most owners do only once in their lifetime. A seller must “do it right the first time” and avoid pitfalls that can result in a reduced number of interested buyers, a reduced sale price, unfavorable payment terms, a large at-ri...
Analysis of New Nasdaq Rules Impacting Chinese Issuers
June 18, 2020
赴美上市中国公司在IPO市场规范化过程中的机遇解读 —-解析纳斯达克新规,外国公司担责法案,新冠疫情下法律义务履行 2020年上半年,新冠疫情,瑞幸事件,纳斯达克新规出台等新闻导致媒体舆论不断,众说纷纭中,在美上市中国公司及欲赴美上市中国公司对公司在美发展前景产生各色各样的疑惑或忧虑。本文聚焦纳斯达克出台新规,对新规内容及影响群体进行多角度深入分析,以期对相关赴美上市中国公司的发展前景提供参考和帮助。 背景提要:...
PPP Forgiveness Changes Coming as Senate Passes Paycheck Protection Program Flexibility Act
June 5, 2020
The U.S. Senate yesterday unanimously passed the House of Representative’s Paycheck Protection Program Flexibility Act (H.R. 7010), which now goes to President Trump for his expected signature. The Act’s significant amendments to the Paycheck Protection Program (“PPP”) loan program includ...
Nasdaq to Propose Additional Initial Listing Criteria for Restricted Market Companies
May 18, 2020
纳斯达克对受限市场公司 提议新增挂牌要求 On May 18, 2020, Nasdaq Stock Market (“Nasdaq” or the “Exchange”) filed three proposals with the Securities and Exchange Commission (“SEC”) to (i) apply additional initial listing criteria for companies primarily operating in ...
New York City Enacts Ban on Pre-Employment Marijuana Testing
April 17, 2020
Last year the New York City Council by a vote of 40-4 enacted Int. 1445-A (the “Law”), which amends the New York City Human Rights Law to prohibit employers and staffing firms from pre- employment drug testing for marijuana and THC (the active ingredient in marijuana). The Law will go into ef...
New York State Enacts COVID-19 Sick Leave Law
April 13, 2020
In response to the COVID-19 pandemic, Governor Cuomo signed into law on March 18, 2020 the New York COVID-19 Sick Leave Law, S. 8901 (the “Law”). The Law, which was effective immediately, requires employers regardless of size to provide sick leave to their eligible employees who physically wo...
Families First Coronavirus Response Act
March 30, 2020
In response to the coronavirus pandemic (COVID-19), President Trump signed into law on March 18, 2020 the Families First Coronavirus Response Act, H.R. 6201 (the “Act”). This sweeping Act temporarily expands the federal Family and Medical Leave Act (“FMLA”) relating to COVID-19, creates a...
U.S. Securities and Exchange Commission’s Conditional Exemptions from Filing Obligations for Companies Affected by Coronavirus (COVID-19)
March 4, 2020
美国证券交易委员会对受新冠病毒影响的公司提供条件性延期救济 U.S. Securities laws require U.S. publicly traded companies, including all companies listed on the Nasdaq Stock Market and the New York Stock Exchange, to file various reports with the U.S. Securities and Exch...
New York Enacts Statewide Ban on Salary History Inquiries
December 20, 2019
On July 10, 2019, Governor Cuomo signed into law bills A. 5308-B and S. 6549 (the “State Law”) that amends New York State’s Labor law to prohibit, statewide, employers from inquiring about or relying on the salary history of a job applicant or current employee in determining whether to offe...
New York State Minimum Wage Increases, and Salary Level Increases for Certain Exempt Employees, for 2020
December 2, 2019
I. Increased Hourly Minimum Wage Rates as of December 31, 2019 As we previously advised, as part of the 2016-17 New York State budget, Governor Cuomo signed into law a staggered set of minimum wages increases that will over a period of several years increase the hourly minimum wage in New York St...
U.S. Department of Labor Issues New Overtime Rule
November 26, 2019
On September 24, 2019 the United States Department of Labor (“DOL”) issued its new final rule for determining whether executive, administrative and professional employees are exempt from overtime pay under the Fair Labor Standards Act. The rule, which will take effect on January 1, 2020, will...
Nasdaq Stock Market to Apply Additional Criteria for Initial and Continued Listing
August 1, 2019
纳斯达克交易所对首次和持续挂 牌应用额外要求 Nasdaq Stock Market has recently released two new Frequently Asked Questions (FAQs 416 and 1696) in connection with the particular circumstances under which Nasdaq will apply additional and more stringent criteria as part of its rev...
New York State and New York City Enact Sweeping Laws to Prevent Workplace Sexual Harassment
September 10, 2018
In response to the #MeToo movement, New York State and New York City have recently enacted sweeping and partially overlapping workplace anti-sexual harassment laws, some provisions of which have already gone into effect while others will go into effect between now and April 1, 2019 (as indicated ...
New York City Mandatory Paid Sick Leave Law Expanded to Include “Safe Leave”
July 23, 2018
On May 5, 2018, an amendment went into effect expanding and renaming New York City’s Earned Sick Time Act (the “Act”). Since the Act went into effect on April 1, 2014, it has required private sector employers with 5 or more New York City-based employees to provide such employees with paid s...