December 5, 2016

December 05, 2016

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overtime graphics, dol, overtime rule, white collar, fifth circuit
As most employers know by now, on November 22, 2016, a federal court in Texas issued a preliminary injunction that, at least temporarily, halted the... Read More >
uscis seal, foreign national employees
On November 18, US Citizenship and Immigration Services (USCIS) published a final rule that significantly affects the ability of employers to employ... Read More >
Brexit, EU, UK
On November 22, the Department for Exiting the EU published a set of frequently asked questions and answers (Q&A) on the UK’s withdrawal... Read More >
In the days following the U.S. federal elections that resulted in the election of Donald Trump as President and Republican control of the 115th... Read More >
The United States Department of Health and Human Services ("HHS") Office of Inspector General ("OIG") released... Read More >
EPA announced on June 29, 2016, that asbestos and nine other chemicals will be reviewed for hazard and exposure risks under the new procedures of the... Read More >
2017 California Employment Law
As we come to the end of 2016, all employers should be planning ahead for any changes that will need to be implemented in 2017.  For... Read More >
Text Messaging, Ninth Circuit Court Finds Plaintiff-Initiated Text Communication Does Not Constitute Express Written Consent
The Eastern District of California recently denied a motion to dismiss for failure to state a claim, despite the plaintiff having voluntarily... Read More >
dollars closeup, PBGC
When a portion of a defined benefit plan is spun off mid-year to a new or existing defined benefit... Read More >
medicare on money, CMS, part D providors
The Centers for Medicare & Medicaid Services (CMS) recently announced that it will monitor—... Read More >
Money, New CFPB Compliance Bulletin Solidifies CFPB’s Skepticism of Sales Incentive Practices
The Consumer Financial Protection Bureau issued a compliance bulletin on November 28, 2016 warning... Read More >
Stop Watch, “Accurate” Time Records Must Actually Be Accurate
Sometimes it is important to get back to basics and refresh our understanding of topics that are... Read More >
Tax, IRS Phases in Section 871(m) Dividend Equivalent Withholding
On December 2, the U.S. Internal Revenue Service issued Notice 2016-76, which phases in the... Read More >

Federal Court News

Symbols, Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based...

patents, IP

Listed below are all new filings before the PTAB of petitions for inter partes review (IPR) and covered business methods review (CBM).  Also listed are any newly-...

Bankruptcy, Equitable Mootness – Are Bankruptcy Courts Still to be “Courts of Equity?”

The concept of “equitable mootness” is a doctrine of relatively long-standing in bankruptcy jurisprudence. It has been used by courts to avoid determination of issues raised on appeal that would require the...

Trade Secret, Going All the Way: Second Circuit Jury Awards $14.5 Million in Trade Secrets Lawsuit

It is rare that a trade secret / restrictive covenant lawsuit makes it all the way to trial, much less a jury verdict. The passage of time, accumulating legal expenses, bad facts, and/or the risk of losing at trial all can...

gavel, injunction

On December 1, 2016, the Department of Labor appealed the district court’s preliminary injunction ruling. It is expected that the DOL will request the Fifth Circuit to rule on the appeal...

State Court News

computer thief, data breach, michigan state univeristy

Michigan State University’s announcement earlier this month that hackers had gained access to a school database of about 400,000 records highlights why colleges and universities are such tempting targets for hackers and just...

multiple phones, california, tcpa

In a ruling issued on December 1, 2016, the District Court for the Central District of California denied class certification in a Telephone Consumer Protection Act (“TCPA”) case due to the putative class representatives’ status...

gavel icon, california, products liability

The California Court of Appeal has confirmed that the “government contractor” defense may apply to products made available to both the federal government and commercial markets, even where the defendant did not design or...


Equal Pay, Gender Pay Gap and Equal Pay – What’s the Difference?

Sometimes people get confused between the gender pay gap and equal pay.  They are not all the same thing.

The gender pay gap measures the difference between men and women’s average pay. Equal pay, on...

Big Ben, Financial Conduct Authority, UK

On November 16, the UK Financial Conduct Authority (FCA) published a consultation (Consultation) on regulatory fees and levies, and its policy proposals for 2017/2018. The Consultation sets forth the FCA’s proposals on: 1) the...

Autralia, Workplaces: They Are Unhappy Out There

Many workplaces are not happy and bullying at the workplace appears on the rise, so the November 2016 Psychosocial Safety Climate and Better Productivity in Australian Workplaces Report and the...