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Ortoli | Rosenstadt: What Exactly Is a Seller Responsible for When Selling Its Staffing Firm?
Buyers of a business generally expect sellers to be responsible for certain liabilities relating to when the seller owned its business—a concept mergers and acquisitions professionals refer to as indemnification. Indemnification is one of the most heavily negotiated, and potentially most significant, provisions of a purchase agreement, and understanding the terminology common to such agreements is essential when negotiating a deal. Attorney Paul Pincus of Ortoli Rosenstadt LLP explains what sellers are liable for, how a seller’s liability may be limited, and how buyers may seek to fund potential indemnity claims.
New DOL Guidance Warns Employers to Address AI Risks in the Workplace
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Owner of Florida Labor-Staffing Companies Pleads Guilty to Tax Fraud and Money Laundering
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Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA
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New Jersey Judge Interprets EFAA as Requiring Employment Claims to Be Split Into Two Forums
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DOL Releases Tool to Provide Ideas for Disability Accommodations
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Illinois Guidance Finds Law Does Not Prohibit Private Employers From Using E-Verify
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Employee Termination Law in Nevada
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New E-Verify+ Program Streamlines I-9 Process With Cost and Time Savings for Companies
E-Verify+ is a brand new program from the Department of Homeland Security, U.S. Citizenship and Immigration Services that was run in pilot for about a year and rolled out more formally to all employers on Sept. 9, 2024. The goal of the program is to (1) shift the burden of validating the employee’s authorization to work from the employer to the employee; (2) do so within an electronic I-9 tool embedded within the E-Verify system; and (3) once an employee has had his or her employment authorization validated in E-Verify+, the employee would not have to keep redoing the E-Verify process at each employer (but would still need to do a new I-9 with each new employer).
DHS has made it very easy to enroll by having a banner on the home page encouraging employers to convert regular enrollment to E-Verify+. There are already over 1,100 employers in the new program. Response has been overwhelmingly positive, but there are still pain points and unclear guidance on how the electronic I-9s would be stored and accessed in the event of a future I-9 audit. This lack of clear guidance leaves participating employers vulnerable to very significant fines in the event of an audit.
EEOC Says Anti-LGBT Harassment Claims Are Covered Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
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