Document(s) published by this organization: 43
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|The Fluctuating Workweek Method of Complying With The FLSA|
M. Clark Spoden; Burr & Forman LLP;
July 26, 2016, previously published on July 2016In light of the announced change in the minimum salary required to maintain salary exempt status under the Fair Labor Standards Act (FSLA), many employers are considering the adoption of the Fluctuating Workweek (FWW) method of compensating non-exempt employees on a salaried basis.
|What the New Federal Trade Secrets Law Means for Employers|
Talia Davis, Jon M. Gumbel; Burr & Forman LLP;
July 26, 2016, previously published on June 2016The scope of the federal Defend Trade Secrets Act ("DTSA") enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employers' asset protection and enforcement program is quite significant.
|Labor Board Expands Unions’ Ability To Organize “Bargaining Units” That Include Staffing Agency Employees|
Devin C. Dolive, Ronald W. Flowers, Bryance Metheny, Matthew T. Scully; Burr & Forman LLP;
July 26, 2016, previously published on July 2016On July 11, 2016, the Labor Board released its long-anticipated decision in Miller & Anderson, Inc., 364 NLRB No. 39 (2016). This case revives a rule from the Clinton-era Labor Board, namely the rule from M.B. Sturgis, Inc., 331 NLRB 1298 (2000) -- previously overruled in 2004 -- and alters...
|Loss Payee Versus Lender’s Loss Payee: One Word Can Make All The Difference|
Niel Alden; Burr & Forman LLP;
July 26, 2016, previously published on June 2016When a lender makes a loan secured by personal property, it will perfect its interest in the collateral under applicable law. To further protect the value of the collateral supporting its loan, the lender will also require proof of insurance and obtain an endorsement on the borrower’s...
|Phase 2 HIPAA Audits|
Howard E. Bogard, Richard J. Brockman, Kelli Carpenter Fleming, James A. Hoover, Chester "Chet" J. Hosch; Burr & Forman LLP;
June 21, 2016, previously published on June 2016In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil Rights ("OCR") is conducting Phase 2 HIPAA audits for both...
|U.S. Department of Labor Issues New Overtime Regulations: What Should You Do Now?|
Ronald W. Flowers, H. Carlton Hilson, Bryance Metheny; Burr & Forman LLP;
June 16, 2016, previously published on May 2016On May 18, 2016, the U.S. Department of Labor ("DOL") issued its final changes to the federal overtime regulations. The final regulations make significant changes to common white collar exemptions from the federal overtime requirements, including those applicable to executive,...
|Immigration Update: Rule Changes for International Student Workers|
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
June 16, 2016, previously published on May 2016Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience during or at the end of their university studies. Many...
|OSHA Issues New Workplace Injury Reporting Rule|
H. Carlton Hilson; Burr & Forman LLP;
June 16, 2016, previously published on May 2016On May 11, 2016, OSHA finalized its long anticipated rule requiring employers with 250 or more employees to electronically submit injury and illness information from OSHA Forms 300, 300A, and 301 for publication by OSHA. Further, establishments with 20-249 employees in specified hazardous...
|Two Federal Courts of Appeal Find Insurance Coverage for Data Breaches|
Michael D. Strasavich; Burr & Forman LLP;
June 14, 2016, previously published on June 2016Cases with intersecting issues of data breach and insurance coverage continue to slowly wind their way through the court system. After a number of past losses dealt to insureds who sought insurance coverage under their garden-variety business policies, two recent decisions from the Fourth and...
|DOL’S New Fiduciary Conflicts of Interest Rules|
Thomas K. Potter; Burr & Forman LLP;
June 7, 2016, previously published on May 25, 2016The U.S. Department of Labor recently announced a new suite of Rules that are a game-changer for any Financial Institution that gives investment advice (including rollovers and distributions) to owners or beneficiaries of IRAs, HSAs, Archer Medical Savings Accounts, Coverdells, ERISA Plans and more.