Kelsey Gorman Archives — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

Corporate Transparency Act Enjoined Again

Published on: December 29, 2024 | by Kelsey Gorman

On December 26, 2024, the U.S. Fifth Circuit Court of Appeals vacated its own order staying the nationwide preliminary injunction of the enforcement of the Corporate Transparency Act (“CTA”) and its reporting deadlines. As it gets closer to the initial deadline of January 1, 2025, the Court has been going back and forth on the status of reporting requirements while pending litigation considers the constitutionality of the CTA.

On December 3, 2024 the Fifth Circuit issued a nationwide preliminary injunction, enjoining the enforcement of the CTA and staying its reporting deadline. However, on December 23, 2024, the Court granted a stay of that injunction, reinstating the reporting obligations and original deadlines. As a result, reporting companies were then put back in a position to file their beneficial ownership information (“BOI”) reports by January 1, 2025. FinCEN, the agency in charge of enforcing the CTA and collecting BOI reports, granted an extension allowing reporting companies to file their BOI reports by January 13, 2025.

However, on December 26, 2024, the Court vacated its December 23, 2024 order and enjoined (again) the enforcement of the CTA and its reporting requirements while it considers substantive arguments over the constitutionality of the CTA. This means that reporting companies do not need to file BOI reports by January 1, 2025 or by the extended deadline of January 13, 2025. As is evident by the three conflicting orders within the past few weeks, things can change at any moment. But, for now, it remains optional for reporting companies file BOI reports.

Preliminary Injunction of CTA and What it Means for Reporting Companies

Published on: December 6, 2024 | by Kelsey Gorman

On December 3, 2024 the United States District Court for the Eastern District of Texas granted a nationwide preliminary injunction, enjoining the enforcement of the Corporate Transparency Act (“CTA”) and staying its reporting deadline.

Congress passed the CTA in January of 2021, and it became effective on January 1, 2024. The CTA required companies deemed as “reporting companies” to report personal information about their beneficial owners to FinCEN, a bureau within the United States Department of the Treasury tasked with combatting money laundering, terrorist financing, and other financial crimes. All reporting companies that were in existence prior to January 1, 2024, had until January 1, 2025 to file their beneficial ownership information (“BOI”) reports.

However, in its recent decision the Court held that the CTA was likely unconstitutional and that “reporting companies need not comply with the CTA’s January 1, 2025, BOI reporting deadline pending further order of the Court.”

NLRB Decision: New Standard for Independent Contractors

Published on: June 28, 2023 | by Kelsey Gorman and Lindabury, McCormick, Estabrook & Cooper, P.C.

On June 13, 2023, the National Labor Relations Board (“NLRB” or “Board”) reverted to its prior employee friendly independent contractor test to find that makeup artists, wig artists, and hairstylists (“the stylists”) working for the Atlanta Opera were employees rather than independent contractors. This revived independent contractor test will significantly impact employers who will now face a higher bar when seeking to classify workers as independent contractors excluded from the protections of federal labor laws.

The Discarded SuperShuttle Standard: Since 2014 the NLRB applied the following non-exhaustive list of factors to determine independent contractor status:

The extent of control the employer exercises over the work

DOL Issues Clarification on Calculating FMLA Leave During a Week with a Holiday

Published on: June 12, 2023 | by Kelsey Gorman and Lindabury, McCormick, Estabrook & Cooper, P.C.

On May 30, 2023, the Department of Labor (“DOL”) issued an opinion letter clarifying how to calculate leave taken under the Family and Medical Leave Act (“FMLA”) during a week containing a holiday. It is important for employers to properly calculate employee FMLA leave time because a miscalculation could be considered an interference with an employee’s FMLA rights.

The FMLA requires covered employers to provide eligible employees up to twelve workweeks of unpaid leave within a twelve-month period for qualifying family or medical reasons or twenty-six workweeks of unpaid leave within a twelve-month period for caretaking of qualifying service members. Employees may take FMLA leave intermittently by taking leave in separate blocks of time or by working shortened weeks or days. The amount of FMLA leave taken by employees is calculated as a fraction of the employee’s actual workweek. For example, an employee who normally works forty hours a week but takes off eight hours for FMLA reasons, would use 1/5 of a week of his or her FMLA leave entitlement.

Full Workweek of FMLA Leave