Five attorneys from our Affordable Housing and Community Development Group attended the North Carolina Affordable Housing Conference. One of the partners in this practice group, Debbie McKenney, was featured in a panel discussion titled “Tax Credit Equity Markets: Navigating Through Winds of Change.”
Blanco Tackabery sponsored the North Carolina Affordable Housing Conference held October 25-27 at the Raleigh Convention Center. This annual conference brings together leaders in the affordable housing industry.
Affordable Housing attorneys Carrie Scogin, Elizabeth Foley and paralegal Lisa Cornatzer attended the ABC of NC Gourmet Lunchbox Lunch on October 24, 2017. This annual fundraiser raises money for ABC of NC, which provides educational services to people with autism spectrum disorder. Blanco Tackabery is proud to support this annual event.
Blanco Tackabery was a proud sponsor of the annual RAH! (Ardmore Run Against Hunger), a fun run, 5k, 10k, and food drive benefiting the Second Harvest Food Bank of Northwest North Carolina. RAH! began fifteen years ago and has raised enough funds to provide more than one million meals for hungry families in our area. This year, nearly 700 runners participated in the RAH!, raising over $23,500, which is equivalent to 165,000 meals for families in need, making this the most successful year to date. Several Blanco Tackabery attorneys and paralegals participated in the run this year, including attorneys Kelly M. Otis and Susan E. Campbell, who each took home a bronze medal in their divisions. Blanco Tackabery attorneys enjoyed showing their support for the event by providing snacks and encouragement to the runners before and after the run.
For more information on the event, please visit http://ardmorerah.com/.
The law firm of Blanco Tackabery is pleased to announce that Susan E. Campbell has joined the firm as Counsel. She practices in the Affordable Housing and Community Development Law group. Susan received her J.D. from the University of North Carolina at Chapel Hill where she also received her Master’s Degree in City and Regional Planning. She received her B.A. from Pennsylvania State University. Prior to joining Blanco Tackabery, Susan worked as agency counsel for the U.S. Department of Housing and Urban Development for almost nineteen years in the HUD Greensboro Field Office and in Washington D.C.
The law firm of Blanco Tackabery is pleased to announce that Ryan A. Layton has joined the firm as an Associate. He practices in the Trusts and Estates group. Ryan received his J.D. from Emory University School of Law and served as Managing Editor of the Emory Bankruptcy Developments Journal. He received his B.M. in Classical Guitar Performance from the University of North Carolina School of the Arts. Prior to joining Blanco Tackabery, Ryan gained experience as a summer law clerk at various law firms while in law school that included Blanco Tackabery.
The law firm of Blanco Tackabery is pleased to announce that Chad A. Archer has joined the firm as an Associate. He practices in the Litigation group. Chad received his J.D. from Elon University School of Law, where he graduated cum laude and served as Managing Editor of the Elon Law Review. He received his B.S. in Political Science from Appalachian State University, where he graduated cum laude. Prior to joining Blanco Tackabery, Chad clerked for the Honorable Richard Dietz at the North Carolina Court of Appeals.
On October 5, 2017, George Hollodick, chair of Blanco Tackabery’s Renewable Energy Financing and Development team, spoke at the North Carolina Bar Association’s annual Real Estate Practical Skills seminar on Low-Income Housing and Renewable Energy Tax Credit Transactions. The Firm’s Renewable Energy team represents developers and sponsors in connection with the acquisition, development, financing and disposition of utility-scale solar projects, as well as advice on managing risks from pre-construction through the end of the tax-credit recapture period. Over the last several years, the Firm has assisted clients in the development of hundreds of projects in North Carolina and other states, including South Carolina, Oregon, California, Mississippi and Georgia, already producing over a gigawatt of clean renewable energy. Additionally, the Firm’s Affordable Housing & Community Development team has more than 25 years of experience as an industry leader in affordable housing and community development law representing both for-profit and nonprofit developers, including those affiliated with housing authorities, as well as property management companies and financial institutions involved in affordable housing finance.
The Fair Labor Standards act requires that workers be paid an overtime premium (generally time-and-a-half) if they work over 40 hours in any given week. There is an exemption available for “any employee employed in a bona fide executive, administrative, or professional capacity.” To determine if the exemption fits an employee’s situation, three factors are reviewed:
In 2016, the Obama Administration’s Department of Labor announced a rule that the minimum salary threshold, which had been $455 a week ($23,660 annually) would be increased to $913 a week ($47,476). Needless to say, this doubling of the salary basis meant that many workers who had been treated as exempt no longer qualified. The rule was set to take effect on December first, 2016.
Business groups, including the United States Chamber of Commerce, argued that doubling the threshold was unreasonable and illegal. So did Republican attorneys general and governors of 21 states. Essentially, the plaintiffs argued that the Obama rule overemphasized the salary portion of the three part test, and made salary a determining factor. This, they claimed, was over-reach by the executive branch, and was the equivalent of re-writing the law. Two lawsuits were filed, by business groups and by 21 states’ attorneys general. The suits were consolidated in a single case in a federal district court in Texas.
In late November, the Texas court issued a nationwide preliminary injunction, determining that it was likely that the plaintiffs would succeed on their argument that Department of Labor had exceeded its authority by doubling the salary threshold. This ruling stopped the implementation of the new overtime rule, but only until the Court reached it for a final ruling. By this time, many employers had already modified their payment methods, or otherwise adjusted to the new rule.
The Obama Department of Labor appealed the preliminary injunction. That appeal was pending when the Trump administration took over, and Trump’s Department of Labor did not withdraw the appeal. Meanwhile, the plaintiffs had also filed a motion for summary judgment. This motion would end the case in their favor, if granted.
The Texas district court has now ruled on the plaintiffs’ motion for summary judgment, finding in favor of the businesses and states who challenged the new rule. The case is now over, The Obama overtime rule is voided, and will not go into effect (unless the Trump administration appeals, which is not expected).
The Trump Administration’s plans for the overtime law are not known. The Secretary of Labor, Alexander Acosta has stated that the Department will make an effort to re-draft the regulation. He also indicated that he believes the current salary threshold is too low, and should be raised, although likely not doubled. While the Obama rule only addressed the minimum salary test for exemption, there are many who would like to see all three prongs addressed, arguing that there are uncertain, and therefore difficult to apply with certainty. On July 26, 2017, the DOL published what is called a “Request for Information”, asking stakeholders for their recommendations on what changes, if any, should be made. Based upon the content of the request, it appears that the agency is planning to start over on the revisions. So far, the Department has received over 120,000 responses to the RF, with a deadline for the responses is September 25, 2017.
It is unlikely that anything will happen quickly in this process, and businesses can expect time to respond when a final rule is promulgated. A good guess is an increase in the minimum salary, perhaps of approximately half of what the Obama Administration proposed, to somewhere in the mid-$30,000 annually.
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Article written by Peter Juran.
Shareholder Jim Vaughan will participate in his 5th Solar Bear Ride, an annual three-day, 270-mile bicycle trek from Winston-Salem to Oak Island, North Carolina, to raise money for – and awareness of – Cancer Services of Winston-Salem. This year’s ride will take place from September 21 through September 24. Over the past 4 years, the Solar Bear Ride has raised more than $63,000 for Cancer Services. Blanco Tackabery is a proud sponsor of this event.
For more information or to donate:
Blanco Tackabery renewable energy attorney Daniel Vandergriff attended the ceremonial ribbon cutting by South Carolina Governor Henry McMaster celebrating the Saluda II solar farm recently constructed and placed in service in Saluda, South Carolina. The 3.4 MWac solar photovoltaic energy generation facility will interconnect with South Carolina Electric & Gas to power approximately 600 homes for families in rural South Carolina while providing nearly $1 million in property tax revenue over its life. Blanco Tackabery assisted in the development and financing of this six-project portfolio in South Carolina and proudly congratulates Pine Gate Renewables on completing Saluda II.
Blanco Tackabery is proud to announce that two of their attorneys have been named to the 2018 edition of Best Lawyers in America. Chosen by their peers in their respective practice areas, Neal Tackabery practices in the area of Tax Law and Trusts and Estates; Ashley Rusher practices in the area of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law.
Since it was first published in 1983, Best Lawyers® has become a well-regarded guide to legal excellence. Over 52,000 leading attorneys cast more than 5.5 million votes on the legal abilities of other lawyers in their practice areas. Corporate Counsel magazine has called Best Lawyers® “the most respected referral list of attorneys in practice.”
