LEX VINI

NLRA Rights Poster Delayed Again

The requirement for most private-sector employers to post a new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act,” was originally scheduled for November 2011 and then postponed until January 31, 2012.  Now the NLRB has delayed implementation until April 30, 2012, apparently due to litigation.  We will continue to […]

New Employer Obligations for 2012 – Wage Theft Protection Act

As of January 1, 2012, employers must at the time of hiring notify all new non-exempt, non-collective bargaining employees in writing of the following information: 1.   The employee’s rate or rates of pay and the rate basis, whether by hour, shift, day, week, salary, commission or otherwise, including any rates of overtime, if applicable; 2.   Any […]

Family Estate Planning – Favorably High Tax Exemptions to Expire in 2012

At the beginning of 2011, important changes were made to the way gifts made during life and at death were taxed.  Under current law, the amount each person can give cumulatively during their lifetime and upon their death without being subject to tax was $5,000,000.  In 2012, that exemption amount will increase to $5,120,000.  (It […]

New Laws Impacting the Wine Industry for 2012

Members of Dickenson, Peatman & Fogarty’s alcohol beverage and labor and employment departments recently teamed up for an article in the North Bay Business Journal titled “Important Legal Changes for Wine, Alcohol in 2012.”  You can find a link to the article by clicking here. The article summarizes new laws and regulations coming into effect in the new […]

TTB Issues Guidance on Changes to Personalized Labels, Just in Time for The Holidays!

Producers that create personalized labels for consumers (as opposed to labels made for retail or wholesale customers other than the ultimate consumers) have now been provided with guidance from the TTB regarding what changes to the COLAs for such personalized labels require approval from the TTB.  For personalized labels, TTB had previously permitted the holder […]

California ABC Reverses Position on Third-Party Providers Following Industry Input

The California Department of Alcohol Beverage Control has reevaluated and reversed its position on third-party providers conducting marketing of alcohol beverage products over the Internet, as well as the propriety of licensing a trademark for use on alcohol beverage products without being a producer with an ABC license. This has come after a stakeholder committee, which was formed […]

Stopping Gray Market Wine Imports

On October 1, 2011, Scott Gerien, head of Dickenson, Peatman & Fogarty’s intellectual property practice group made a presentation at the annual meeting of the International Wine Law Association in Logrono, Spain on the issue of stopping gray market wine imports in the U.S.  The ability to prevent gray market imports, especially as to wine, […]

Deadline for Informational Postings by Employers Changed to January 31, 2012

The National Labor Relations Board (NLRB) announced October 5, 2011 that it is postponing the date for which employers must post the new employee rights poster.  The date has been pushed back from November 14, 2011 until January 31, 2012.  The NLRB states that the reason for the delay is “in order to allow for […]

Holders of California ABC On-Sale Licenses May Now Infuse Spirits and Wine

Governor Jerry Brown signed SB 32 (Leno), to amend Section 23016 of the Business and Professions Code effective immediately. Section 23016 defines a “Rectifier” (defined below); this amendment now allows on-sale licensees to infuse spirits and wine with flavors or blending processes. The issue of infused wine and spirits on on-sale retail premises came to […]

New Informational Postings Required for Employers by November 14, 2011

Effective November 14, 2011, most non-union employers will have to post a new poster explaining to employees their rights under the National Labor Relations Act.   The poster will explain employees’ rights under the National Labor Relations Act, including the right to unionize, the right to discuss wages, and the right to picket and strike.  The […]

« Older Entries