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Time to Act – Employers Have Fewer than Six Months to Comply With New Federal Overtime Exemption Rule

By: Paul Bressan and Ruth Seroussi On May 18, 2016, the United States Department of Labor (“DOL”) announced its much-anticipated final overtime exemption rule under the Fair Labor Standards Act (“FLSA”), as tasked to do by President Obama in 2014. The DOL received more than 270,000 comments since it published its Notice of Proposed Rule ...
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How to Build a World-Class Legal Department

by Robert Barker & John Gilmore General Counsel Panel Answers 5 Key Questions Uncertain global markets … cybersecurity … tightening credit sources … increasing regulatory demands … antitrust. Obstacles to business success have never loomed larger. And corporate legal departments have never played a larger role in addressing them. As general counsel and other corporate ...
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Major Changes In Attitudes and Approaches to Workplace Violence Prevention

We just completed the second of two Fisher Phillips webinars including panelists and contributors who were active and former Department of Homeland Security, Secret Service, and other law enforcement professionals.  We solicited questions and concerns from employers and used the panel discussions and preparation to develop more effective practices to prevent and respond to workplace ...
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Department of Labor Announces Final Overtime Rule

by: Andrea Kirshenbaum Today the U.S. Department of Labor (DOL) formally announced its Final Rule which more than doubles the minimum salary threshold for “executive,” “administrative,” and “professional,” employees to qualify as exempt from overtime pay under the Fair Labor Standards Act (FLSA). The DOL estimates that the Final Rule, which will become effective on ...
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Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow.  Some of these businesses are a natural complement to the hotel industry, while others directly compete with it.  Whatever may become of these companies as they are reined in by regulation, one thing is certain: the ...
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Lyft agrees to revised $27 mln deal in driver lawsuit

Lyft has agreed to pay $27 million to settle a class action lawsuit brought by California drivers who claimed they should be deemed employees instead of independent contractors, after a U.S. judge rejected a previous $12.25 million deal as too small. Lyft and larger rival Uber are attempting to resolve lawsuits by drivers who contend ...
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New Texas M&A Broker Exemption

Effective February 16, 2015, the Texas State Securities Board (the “Securities Board”) adopted a new rule, Section 139.27 of Title 7 of the Texas Administrative Code (the “Rule”), that exempts certain mergers-and-acquisitions brokers from dealer registration under the Texas Securities Act.  An exempt mergers-and-acquisitions broker is defined in the Rule as an “M&A Dealer.”  The ...
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Please Don’t Pass the Salt (Labels): The Fight Over NYC’s Sodium Labeling Rule

After surviving its first go-around in court, New York City’s attempt to require restaurateurs to add sodium warnings to their menus has hit a roadblock in the form of a temporary injunction. Perhaps taking inspiration from the FDA’s recent imposition of nutrition-labeling requirements on restaurant menus, the New York City Board of Health had approved ...
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Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA

In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement Income Security Act (ERISA) when it reduced employees’ hours to avoid incurring increased costs under the Affordable Care Act (ACA). ...
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Adelson’s Las Vegas Sands wins new U.S. trial in $100 mln Macau case

Las Vegas Sands Corp persuaded Nevada’s highest court to throw out a more than $100 million verdict in favor of a Hong Kong businessman for helping Sheldon Adelson’s gaming company enter the fledgling Macau casino market more than a decade ago. In a decision on Friday, the Nevada Supreme Court found “insufficient evidence” to support ...
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