Proud Sponsor of the 2016 Bright Buffalo Niagara

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Colligan Law was proud to support the 2016 Bright Buffalo Niagara entrepreneur expo, featuring Bill Rancic. Since 2009, Bright Buffalo Niagara has paired the best possible startups and business ideas with the funding sources that will allow them to prosper. For the first time, Bright Buffalo Niagara included a business competition. The winning startups were as follows:

Abcombi Biosciences – $20,000 Winner

Painless1099 – $5,000 People’s Choice Award Winner

The Laws of LinkedIn in the Workplace

Written by Colligan Law on . Posted in Articles, News

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By Erin M. Gormley

In a culture where viewing someone’s social media profile can serve as the modern equivalent to an in-person networking opportunity, it is crucial to be hyperaware of our online personas. And with public perception at the forefront of everyday life and business, our sense of ownership over social media channels and accounts can often be distorted. How much control do we have over our web presence, specifically on LinkedIn?

LinkedIn is an invaluable tool for networking and exploring employment opportunities. But what happens when the ownership and responsibility of a LinkedIn account becomes unclear? Say for example, an employee builds contacts using their employer’s company email address, and then no longer works for the company.

Generally, the presumption is that the individual portrayed on a LinkedIn profile owns the account, and therefore has discretion – regarding profile content and who has access. However, that is not always the case. A look at the recent case law shows that the following factors have been labeled as important in determining what rights ex-employees, and their former employers, have to the LinkedIn accounts that they access and maintain:

Creation of the Account

It is important to be aware of what the status of the account was: (1) prior to the start of the employee’s employment, (2) during their employment, and (3) after the termination of their employment. Factors to be considered are whether or not the employee already had the LinkedIn account prior to beginning the term of their employment, whether or not the creation of the account was a condition of their employment, and who created and provided content for the account – the employee or employer. If the employee inherited an account from the previous holder of their position, or otherwise received access to an account that was created by the employer as a condition of the employee’s employment, it weighs toward a finding that the employer is the owner of the account.

Department of Labor Announces New Overtime Rules

Written by Colligan Law on . Posted in Articles, News

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By Joseph F. Saeli, Jr.

The U. S. Department of Labor recently announced new rules for determining whether employees are exempt employees. If an employee is not exempt, they must be paid one and one half times their normal hourly rate for all hours worked above forty in a week.

The key parts of the new rules are:

  • Exempt employees must be paid an annual salary of at least $47,476. (The current requirement in New York State for exempt executive and administrative employees is $35,100).
  • The new minimum salary for Highly Compensated Employees is $134,004.
  • Employers may use non-discretionary bonuses and incentive payments to satisfy up to 10% of the salary level.  (This was not previously permitted).
  • The salary levels will be automatically updated every three years.
  • There is no change in the job duties tests for the exempt categories.
  • The new rules are effective December 1, 2016.

In addition to meeting these salary tests, exempt employees must also meet the job duties tests for one of the three exempt categories, professional, executive or administrative. Also, they must be salaried. An hourly employee can never be exempt.

If you have employees who are currently exempt, but do not meet the new salary requirements, you are are faced with a difficult decision. The options some employers are considering include the following:

  • Change the employee’s status to hourly, and pay overtime for all hours over forty in a week.
  • Change the employee’s status to non-exempt salaried, and pay overtime for all hours over forty in a week. (This is possible, but the hourly rate calculation for determining overtime pay can be complicated.)
  • Increase the employee’s salary to meet the new requirements.

Please let me know if I can assist you in complying with these new rules.

This article is meant to convey general information, and not to provide any legal advice.  Legal advice should be provided only by an attorney who is familiar with all the circumstances about which advice is requested.

Colligan in Columbia: Cyber-crime and economic development through private equity transactions

Written by Colligan Law on . Posted in News

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Colligaw Law - BogotaLawyers Associated Worldwide (LAW) gives Colligan Law clients access to high quality, vetted, mid-market law firms located in jurisdictions across the globe.

Colligan Law LLP Partner John Moscati joined lawyers from 33 of LAW’s member firms from the most major U.S., Canadian, Central and South American jurisdictions, at the Americas’ regional meeting in Bogota, Columbia last month.

The conference included substantive discussions on the growing threat that cybersecurity poses to both clients and law firms, as cyber-crime is set to eclipse narcotics-related crime in total dollar value of damages worldwide within the decade. The conference also addressed venture capital and private equity transactions in Central and South America – transactions that largely mirror the U.S. and Canada – with many South American jurisdictions actively adopting legal structures to promote private equity transactions as a means to support economic development.

Colligan Law uses Lawyers Associated Worldwide as a means to provide its clients with access to quality legal talent in jurisdictions outside of New York and outside of the United States.  In addition, LAW allows Colligan Law to access experienced practitioners in niche areas of law not typically available through a boutique firm like Colligan Law. By having partners regularly attend LAW events, helps Colligan Law ensure that when a referral to an LAW attorney is made, it is to someone that is known personally to the Colligan Law attorneys and to whom they are willing to entrust a client.

View information about other LAW meetings attended by the Colligan Law team:

David Colligan in Shanghai, China

John Moscati in Alberta, Canada