Law Alerts/Updates

Texas court stops DOL effort to expand overtime

The November 22 ruling by a Texas federal court delays implementation of the U.S. Department of Labor’s (DOL) new regulations which would have increased the number of employees entitled to overtime pay. In fact, the court’s decision calls into question whether the proposed overtime changes will ever go into effect. The DOL’s proposed regulations doubling…

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OSHA further delays enforcement of post-accident testing ban

In a previous article, we outlined the Occupational Safety and Health Administration’s (OSHA) new final rules regarding the reporting of workplace injuries and illnesses. These rules include a substantial limitation on an employer’s ability to conduct post-accident drug and alcohol testing. As announced, post-accident testing would be limited to instances where an employer could demonstrate…

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OSHA prohibition on post-accident testing requires immediate action by employers

One of the most common matters that we assist our clients in understanding is the set of legal parameters under which an employer can conduct employee drug and alcohol testing. For a variety of reasons, we encourage employers to conduct testing, including pre-employment testing, for-cause testing, post-accident testing and others. While there may be moral…

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DOL releases new overtime regulations

On May 17, 2016, the U.S. Department of Labor issued the new Fair Labor Standards Act overtime regulations, which will mean millions of employees who are currently exempt will, for the first time, earn overtime for any hours worked in excess of 40 during a work week. Previously, the minimum salary level to qualify for…

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The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon.  This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would authorize a private civil action in federal court for the misappropriation of a trade secret that is related…

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ACA reporting deadline extended — but employers should stay focused to avoid penalties

About a month ago, and just months before the reporting deadlines required under the Affordable Care Act (ACA) were set to go into effect, the Internal Revenue Service gave us all a late Christmas present and announced that it would extend the deadlines. Under the ACA, health insurers, self-insured employers, government agencies and other providers of minimum…

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DOL: Most workers are employees, not independent contractors

This morning, the U.S. Department of Labor (DOL) issued a memorandum providing guidance in helping employers to reduce the misclassification of employees as independent contractors. There is no change to any existing law; however, the issuance of this memorandum does emphasize the DOL’s continued focus on misclassification issues involving independent contractors. The Fair Labor Standard…

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DOL proposes dramatic changes to FLSA overtime rules

In March of 2014, President Obama issued a presidential memorandum directing the secretary of labor to “update” and “modernize” the regulations under which the U.S. Department of Labor (DOL) manages the Fair Labor Standards Act. Particularly, the president called for updating the executive, administrative and professional exemptions (known to us as the “white collar” exemptions), because, according…

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