Marijuana In The Workplace Changing Times

Written by Colligan Law on . Posted in Articles, News

By Joseph F. Saeli, Jr.

1. REEFER MADNESS

Our society’s response to marijuana use is changing rapidly. Eight states and the District of Columbia now permit recreational marijuana use. The use of medical marijuana is allowed in twenty-nine states. In addition, the Canadian government plans to enact legislation in the summer of 2018 which would legalize marijuana use in all of Canada.

We have come a long way from the days of Reefer Madness!

 

Shawn P. Roche Joins Our Team

Written by Colligan Law on . Posted in News

Welcome, Shawn!

We are proud to announce the addition of Shawn P. Roche to Colligan Law LLP.

Shawn is an associate attorney at Colligan Law LLP—a law firm providing legal services to entrepreneurs and cutting-edge businesses. Shawn’s practice area relates primarily to intellectual property, securities, and corporate law.

Continue Reading for Shawn’s full biography >>>

Christina J. Kennedy Joins Our Team

Written by Colligan Law on . Posted in News

Welcome, Christina!

We are proud to announce the addition of Christina J. Kennedy to Colligan Law LLP.

Christina is an associate pending admission at Colligan Law LLP—a law firm providing legal services to entrepreneurs and cutting-edge businesses. Christina’s practice area relates primarily to complex commercial and civil litigation.

Continue Reading for Christina’s full biography >>>

A Startup Sabbatical: What I learned from 11 months in politics

Written by Colligan Law on . Posted in Articles, News

By Matthew Pelkey

In the beginning of 2016 my wife came to me with a proposition—she wanted to run for New York State Senate.

Against an incumbent. With a lot more money. And she wanted my help. At the time I had been immersed in the upstate startup ecosystem. That was all about to change.

We had always been a team in nearly everything we did, so by no means did this come as a surprise. A decade earlier I had spent some time in government myself so it wasn’t completely foreign to me. And of course, I had regularly attended a mélange of political activities with my wife over the years. “Why not?”, I thought to myself.

Be Prepared: Planning Ahead for Retirement

Written by Colligan Law on . Posted in News

Joe Saeli will speak at a continuing legal education program sponsored by the New York County Lawyers Association.  Joe’s discussion topic is the Sale or Merger of a Law Practice – Transitioning to Retirement.

 

 

Date: Wednesday, October 11, 2017

Time: 6:00 p.m. – 8:00 p.m.

Location: New York County Lawyers Assocaition, 14 Vesey Street, 2nd Floor Auditorium, New York, NY

Register online at www.nycla.cog.

A Fresh Start for Farmers in Distress

Written by Colligan Law on . Posted in Articles, News

By Frederick Gawronski

Farms come in all shapes and sizes. They are operated by publicly traded companies, closely held organizations and individuals. They share many of the same successes and problems, including the booms and busts directly related to external circumstances. Weather, tariffs, trade and politics are just a few of the factors outside the day to day control of a farming operation which impact the bottom line.

Exempt Salary Rule Invalidated

Written by Colligan Law on . Posted in News

By Joseph F. Saeli, Jr.

Today a Federal Court Judge in Texas struck down the Obama administration’s rule which would have increased the salary minimums for exempt employees, greatly expanding the number of employees entitled to receive overtime pay.

The Judge ruled that the Department of Labor exceeded its statutory authority in adopting the rule.  The Judge explained his analysis as follows:

“The department has exceeded its authority and gone too far with the final rule.  The department creates a final rule that makes overtime status depend predominately on a minimum salary level, thereby supplanting an analysis of an employee’s job duties. Because the final rule would exclude so many employees who perform exempt duties, the department fails to carry out Congress’s unambiguous intent.”

Be aware that this ruling will have no effect on the New York State rules for exempt employees.  Effective 12/31/17 the minimum salary for exempt employees in upstate New York increases to $780.00 per week.

New York Paid Family Leave Benefits Law—Coming Soon

Written by Colligan Law on . Posted in Articles, News

By Joseph F. Saeli, Jr.

New York’s Paid Family Leave Benefits Law takes effect on January 1, 2018.   Most non-government employers in New York will have to comply with this law.  It is not too early to begin preparing for it.

Employees will be eligible for Paid Family Leave (“PFL”) for up to eight weeks within a fifty-two-week period.  PFL includes compensation, continued health insurance, and job protection.

PFL can be used for one of three reasons:

  1. To care for a close relative with a serious health condition.
  2. To bond with a newborn, newly adopted, or newly placed child within the first twelve months after birth, adoption or foster placement.
  3. When a spouse, child, domestic partner or parent is on active duty or has been notified of an impending call to active duty, as provided under the Federal Family and Medical Leave Act (“FMLA”).

Unlike the FMLA, PFL benefits are not available for an employee’s own health condition.

Racial Disparagement? The U.S. Supreme Court Rules on “The Slants” Trademark Refusal

Written by Colligan Law on . Posted in Articles, News

By Erin Gormley

Summer is often a season for music, when music lovers listen to their favorite artists at concerts, in their backyards, and in their cars with the windows down. This summer, a U.S. Supreme Court case has caused music to become a place where freedom of speech and trademark law intersect.

The U.S. Supreme Court recently ruled that the rock band “The Slants,” made up of Asian-American musicians, cannot be barred from using that name, regardless of the potential of disparagement to Asian and Asian-American individuals. The United States Patent and Trademark Office (the “USPTO”) initially prohibited the band from registering the name “The Slants” as a trademark in classification 041 for “entertainment in the nature of live performances by a musical band” on the grounds that “the applied-for mark consists of or includes matter which may disparage or bring into contempt or disrepute persons, institutions, beliefs or national symbols.”