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HTMLThe DOL's New Final Overtime Rule Is Likely To Be Released on Wednesday
Hera S. Arsen, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 16, 2016
The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) two...

 

HTMLNew OT Regs About to be Published: Employers to Face a Dramatic Increase in Minimum Salary Requirement for Major Exemptions
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 17, 2016
The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be released on Wednesday, May 18, 2016, by the U.S. Department of Labor (DOL)....

 

HTMLEEOC Issues Final Rules on Employer Wellness Programs
Jeanne Ellen Floyd, Karen Trapnell Shriver; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 16, 2016
On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans with Disabilities Act (ADA) and Title II of the Genetic Information...

 

HTMLNYC Issues Guidance on Protections for Pregnant Employees
Melissa Jill Osipoff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 18, 2016
On May 6, 2016, the New York City Commission on Human Rights issued guidance that defines what constitutes pregnancy discrimination under the New York City Human Rights Law (NYCHRL), and provides clear examples of when and how employers should make accommodations for employees based on pregnancy,...

 

HTMLThe Defend Trade Secrets Act Is Now Law
Danielle Lee Ochs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 11, 2016
On May 11, 2016, President Barack Obama signed into law the long-awaited Defend Trade Secrets Act of 2016 (DTSA), which is effective immediately. Three key features of the DTSA include: (1) the creation of a federal private right of action for trade secret misappropriation; (2) a provision...

 

HTMLStorm Clouds and Silver Linings for Employers: An Analysis of the DOL’s Final FLSA Part 541 Regulations
Steven F. Pockrass, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 18, 2016
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per year. This is the most notable—but not the only - change to the FLSA...

 

HTMLCombining 10-Minute Rest Breaks May—or May Not—Be Lawful in California
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 9, 2016
When must rest breaks occur, and may a company allow employees to combine their rest breaks with other breaks? California’s nuanced meal and rest break rules have spawned an endless cycle of litigation, and as a recent appellate court case illustrates, the rules remain imprecise.

 

HTMLOSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees
Melissa A. Bailey, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 11, 2016
The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency electronically. The amendments, which will be published in the Federal...

 

HTMLLayoffs Without WARN-ing: How to Use the Unforeseeable Business Circumstance Exception
Stanley G. Schroeder; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 5, 2016
A recent federal trial court decision out of Delaware, In re AE Liquidation, Inc. v. Burtch, No. 14-1492-LPS (D. Del. Mar. 31, 2016), illustrates how, even in the context of a very troubled business, the Worker Adjustment and Retraining Notification (WARN) Act’s “unforeseeable business...

 

HTMLCalifornia Ruling on Website Accessibility Highlights the Need for Proactive Measures
Christopher F. Wong; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 4, 2016
Any business operating a website for use by customers or other members of the public should take heed of a recent California decision that found a retailer liable for violations of federal and state disability access laws based on a disabled individual’s inability to navigate a website using...

 


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