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|What Should Employers Do Now That the Overtime Rule Is Blocked?|
Marc L. Zaken; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 2, 2016, previously published on November 23, 2016Now that a federal district court judge has issued a nationwide injunction against the new overtime rules that were to go into effect on December 1, 2016, many employers are asking “what should we do?” Some employers have already prepared to comply with the new regulations and are ready...
|New York City Legislation Protecting Gig Workers Heads to Mayor’s Desk|
Hera S. Arsen, Ph.D., David Brian Feldman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 2, 2016, previously published on November 23, 2016On October 27, 2016, the New York City Council passed legislation that would establish protections for freelance workers. “Establishing protections for freelance workers” (Int 1017-2015) protects independent contractors’ rights by requiring that certain contracts be in writing, by...
|Tax Incentives for Employee Stock Ownership Plans|
Brian P. Goldstein; Jackson Lewis P.C.;
December 2, 2016, previously published on November 21, 2016Tax incentive enacted by Congress to promote increased use of employee stock ownership plans include advantages for the sponsoring company and the participating employees. This article reviews some key incentives.
|Texas Court Grants Nationwide Preliminary Injunction Enjoining Department of Labor from Implementing or Enforcing Regulation Raising Salary Level for White Collar Exemptions|
Jeffrey W. Brecher, Paul DeCamp, Eric R. Magnus; Jackson Lewis P.C.;
December 2, 2016, previously published on November 22, 2016When two lawsuits were filed in Texas seeking to block the Department of Labor’s new overtime rule, which more than doubles the required salary level to qualify for the Fair Labor Standards Act “white collar” exemptions, few predicted the lawsuits would be successful. But the...
|Fight for $15 Plans Protests, ‘Civil Disobedience’ on November 29|
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
December 2, 2016, previously published on November 22, 2016Fight for $15, the four-year-old movement to secure a minimum wage of $15 an hour, has announced plans for demonstrations, strikes, and protests in 340 cities across the country on November 29. Tens of thousands of employees are expected to participate. The current federal minimum wage is $7.25 an...
|Labor Department’s ‘Drastic Change’ to ‘White Collar’ Overtime Exemption Rule Troubles Court|
Jeffrey W. Brecher, Paul DeCamp, E. Cynthia Uduebor Washington; Jackson Lewis P.C.;
December 2, 2016, previously published on November 17, 2016For more than three hours on November 16, 2016, Obama-appointed Judge Amos L. Mazzant, III, of the U.S. District Court for the Eastern District of Texas - Sherman Division, heard oral argument on the preliminary injunction to block enforcement of the Final Rule. The court peppered both sides with...
|Texas Judge Temporarily Blocks Overtime Regulations That Were to Become Effective on December 1|
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 2, 2016, previously published on November 22, 2016On November 22, 2016, a federal court judge in Texas issued a preliminary injunction that temporarily blocks the U.S. Department of Labor (DOL) from implementing and enforcing its revised white collar overtime regulations on a national basis. The regulatory revisions, which would more than double...
|EEOC FY 2016 Performance Report Shows Slight Decrease in Recoveries and Agency’s Struggles with Data|
Paul A. Patten; Jackson Lewis P.C.;
December 2, 2016, previously published on November 21, 2016The Equal Employment Opportunity Commission’s Fiscal Year 2016 Performance and Accountability Report (“PAR”) shows a slight decrease in the amount of monetary recoveries by the EEOC in litigation and other enforcement activities compared to 2015, as well as its struggles with the...
|DOL's Overtime Rule Blocked By Texas Judge|
Meredith Merry Campbell, John D. Clifford, Joy C. Einstein, Gregory D. Grant, Stacey L. Schwaber; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
December 2, 2016, previously published on November 23, 2016A Texas federal judge on Tuesday granted a preliminary injunction against the FLSA overtime rule originally scheduled to take effect December 1, 2016. The rule is an effort by the Department of Labor to expand overtime protections by more than doubling the minimum salary threshold for exempt...
|Top Eight Guidelines to Litigate Employment Claims under Puerto Rico’s Unique Summary Proceeding|
Gabriela Dávila Micheo, Juan Felipe Santos; Jackson Lewis P.C.;
December 2, 2016, previously published on November 21, 2016A litigation trap that can ensnare unwary employers who may be sued in the Commonwealth of Puerto Rico is a piece of employment legislation that allows expedited proceedings: Law No. 2 of October 17, 1961 (“Law No. 2”), as amended, known as the “Law for the Summary Proceeding of...