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New Jersey Bills Would Burden Employers with Scheduling and Pay Rules

Both the New Jersey General Assembly (A1117, reported out of committee on April 4) and Senate (S1397, introduced on February 11, 2016) have introduced bills to enact the “New Jersey Schedules That Work Act,” a law that would…more

DOL’s Increased Salary Test: What Employers Need to Know

For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as previously…more

Vermont AG Enters Largest Settlement With Online Payday Loan Processor

On May 20, the Vermont Attorney General announced a settlement with an Arizona processer of internet payday loans, resolving allegations that the company violated the state’s prohibition on unfair and deceptive acts in commerce. This…more

Department of Labor Issues Final Rule on Pay – Substantially Raising Minimum Salary Threshold to Qualify for Overtime Exemption

The minimum salary threshold for employees to be considered overtime “exempt” under the Fair Labor Standards Act (“FLSA”) will double beginning December 1 under a final rule announced this week by the U.S. Department of Labor. Under…more

DOL Issues Final Overtime Exemption Rules Doubling Minimum Salary as of December 1

On May 18, 2016, the federal Department of Labor’s Wage and Hour Division issued final regulations that dramatically increase the minimum salary required to claim exemption from the overtime provisions of the Fair Labor Standards Act…more

Mortgagees take note: the Law Commission thinks you might be special

The Law Commission recently published its consultation paper on updating the Land Registration Act 2002 (the Paper). Among the numerous proposals is one that will be of particular interest to mortgagees: views are invited on limiting…more

What Is Your Starting Salary? New FLSA Regulations Raise The Bar For U.S. Employers

Employers with salaried employees earning under $47,476 annually should evaluate the impact on their organizations of major changes to employee compensation following new federal wage requirements effective December 1, 2016. To be…more

Minnesota Supreme Court Addresses SOL in Construction Defect Suit

In the case of 328 Barry Avenue, LLC v. Nolan Properties Group, LLC, 871 N.W.2d 745 (Minn. 2015), the Supreme Court of Minnesota considered the statute of limitations under Minn. Stat. § 541.051, subd. 1, for actions “arising out of…more

“Freezing” of construction/reconstruction around “unprotected” “free-standing” monuments

The new protection zones around monuments are intended for the temporary protection of monuments for which preservation zones have not yet been established and which are not situated in the preservation zone of another monument (or…more

Federal Overtime Rules Weigh Heavy on Employers

The U.S. Department of Labor has released final rule changes significantly expanding overtime pay eligibility for salaried employees — raising the current overtime entitlement ceiling from $23,660 annually to $47,476. The move will…more

Bridging the Week - May 2016 #4

Two Related Broker-Dealers To Pay US $17 Million for Widespread AML Compliance Failures; Former AML Compliance Officer Also Sanctioned: Raymond James & Associates, Inc. (RJA), Raymond James Financial Services, Inc. (RJFS) and…more

New EEOC Rules for Wellness Programs: A 30 Percent Incentive = Voluntary

For years, employers have been allowed to offer voluntary wellness programs to employees under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). Both laws generally prohibit…more

Fourth Circuit Upholds Four-Year Front-Pay Award To Whistleblower

On May 20, 2016, the Fourth Circuit affirmed the decision of the ARB, finding that a former employee of Deltek, Inc. (Company) was retaliated against in violation of Section 806 of SOX and entitled to four years’ worth of front pay…more

USA vs. Europe: Patients Hang in Balance as Big Pharma Reports Drug Side Effects Differently to FDA, EMA

A newly published study shows that drugmakers are doing a disservice to patients by inconsistently reporting side effects of medications depending on whether the information is being filed with the U.S. Food and Drug Administration or…more

NC Legislative Update - May 2016 #3

Last Week - The House released its 150-page proposed budget adjustments for the 2016-17 half of the 2015-17 biennium on Monday evening and proceeded to work through the week in passing it. The proposal is relatively…more

EU Regulation Supplementing Bank Recovery and Resolution Directive Published

Commission Delegated Regulation on deferral of extraordinary ex post contributions to a resolution financing arrangement and the criteria for determining critical functions was published in the Official Journal of the European Union…more

Revised Puerto Rico Bill (PROMESA) Introduced: Reflects an Agreement between House Speaker Paul Ryan and the White House (HR 5278) -- Legislation Would Establish Puerto Rico Oversight Board and Special Restructuring Laws

Puerto Rico is in crisis, faced with more than US$100 billion in debts of governmental and related entities. On May 19, 2016, with the support of House Natural Resources Committee Chairman Rob Bishop (R-UT), House Speaker Paul Ryan and…more

The DOL's Final Overtime Rule: Survival Strategies for Nonprofit Organizations

Under the Department of Labor’s final overtime rule, the threshold salary level for white collar exempt employees will increase from the current $455 per week to $913 per week ($47,476 per annum) on December 1, 2016. The new rule also…more

Patient and Provider Groups Urge FDA to Institute Meaningful and Memorable Names for Biosimilars

A coalition of patient and provider groups sent an open letter to Leah Christl, FDA’s associate director for therapeutic biologics and biosimilars, urging FDA to use meaningful names for biosimilars instead of random ones. The letter…more

Obama Administration’s New Labor Rule May Impact Corporate Political Action Committees

On May 18, 2016, the U.S. Department of Labor (DOL) finalized a new rule that modifies who is “exempt” from the Fair Labor Standards Act (FLSA) minimum wage and overtime pay requirements. Corporations with Political Action Committees…more

Court Finds Faulty Funding Provisions in Affordable Care Act Affect Low-Income Affordability Provisions

On Thursday, May 12, 2016, a federal district court judge ruled against the Obama administration, finding that no appropriations have been made to fund payments under Section 1402 of the Affordable Care Act to reimburse qualified…more

Brainstorm: FTC Continues Enforcement Trend Against Cognitive Function Claims

Continuing its trend of scrutinizing claims touting improved cognitive function, the Federal Trade Commission recently announced a settlement with LearningRx Franchise Corp. (“LFC”), the developer and franchisor of a chain of…more

Safety Troubles in Hospital Compounding Pharmacies

We wrote yesterday about contamination at the pharmacy of the NIH Clinical Center in Bethesda. Other big hospitals, judging by media reports, also may need to look at their pharmacy operations, especially when they compound ingredients…more

Common Advertising Mistakes

A substantial number of companies continue to find themselves repeatedly breaching the same CAP Code rules. The list below highlights: (a) common repeated offences that CAP continue to adjudicate; and (b) common problems with adverts…more

UK Payment Systems Regulator Consults on Application of Interchange Fee Regulation in the UK

The UK Payment Systems Regulator published a consultation paper on the application of provisions in the Interchange Fee Regulation, which take effect in the UK from June 9, 2016. The IFR sets a limit on interchange fees on debit and…more

Partners Are Not Employees, Yet

Recently the IRS issued guidance in the form of temporary and proposed regulations clarifying that individuals who are partners in a partnership that itself owns a disregarded entity are not to be treated as employees of the…more

Transgender Student Issues – The FEDs Speak, But Is It Really News In Connecticut?

On May 13, 2016, with much fanfare, the United States Department of Justice and the United States Department of Education jointly issued a “Dear Colleague Letter” [“DCL”] in order to provide guidance for school districts with respect…more

Global Tax News: Poland: Tax exemption for venture capital funds aims to foster innovation

It is becoming increasingly clear that the legislature is striving to make Poland a technological and digital oasis. One of the tools intended to achieve this goal is a tax exemption applicable to venture capital funds…more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers

Volume V—The Land Mines Strewn Throughout the Data Room - M&A transactions, like most transactions in life, involve a cost/benefit analysis. Some cost/benefit analyses are relatively easy to perform. For example, if I buy an…more

Abstract Idea Exception Rules the Day in TLI Communications

The Court of Appeals for the Federal Circuity (CAFC) has been busy on the patent eligibility front this month. After the recent Enfish decision, the CAFC handed down TLI Communications LLC v. AC Automotive, LLC the very next day…more

Europe Is Shifting, And It’s a Big Deal – The New GDPR

The clock is now ticking. On May 4th the European Parliament published the final text of the General Data Protection Regulation (“GDPR”), and the rules of the game have significantly changed – at least in the context of EU data…more

SCOTUS Gives Plaintiffs Second Apple

Today the U.S. Supreme Court gave would-be plaintiffs not just a second bite at the apple, but an entirely new apple when it comes to Title VII limitations periods. Green v. Brennan. The Court held today that Title VII’s limitations…more

U.S. Department of Labor More Than Doubles Minimum Salary Levels for FLSA Overtime Exemptions - Employers have six months to come into compliance—changes projected to impact 4.2 million exempt employees

On May 18, 2016, the U.S. Department of Labor (DOL) issued its much-anticipated Final Rule amending the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime pay for executive…more

UK Financial Services Sector regulatory landscape for 2016

In a short article it is not possible to be totally comprehensive about everything that the regulators are focused on, and which might affect you, in the year ahead but here are some of the bigger issues of which to be mindful…more

USDA Increases Cane Sugar Imports to Meet Demand for Non-GE Products

On May 17, 2016, the U.S. Department of Agriculture (“USDA”) announced that it is allowing an additional 200,000 short tons of cane sugar imports to meet food manufacturers’ increasing demand for non-genetically modified sugar…more

EU Guidelines on Business Reorganization Plans Following a Bail-In

The European Banking Authority published translations of its Guidelines on business reorganization plans following a bail-in. The Bank Recovery and Resolution Directive requires a firm that has been recapitalized through a bail-in to…more

2016 Oregon Legislative Update: What You Might Have Missed

Oregon’s new minimum wage law, signed by Governor Brown on March 2, 2016, received a lot of press during the 2016 legislative session. This new law establishes a tiered system for determination of the minimum wage based on the…more

Colorado Governor Signs Bill Allowing District Activity to Proceed

Yesterday, Colorado Gov. John Hickenlooper signed into law SB 16-211, which protects the most common tool for financing and constructing improvements necessary to serve new and existing development – districts formed under Title 32 of…more

FDA to Issue Revised Guidance on Nutrition and Supplement Facts and Serving Size Regulations

This Friday, May 27, 2016, the US Food and Drug Administration (FDA) will publish its revised Nutrition and Supplement Facts and Serving Size regulations. The Serving Size regulation in public inspection view is close to 180 pages and…more

Venture Debt Programme – A new source of funding development plans for emerging entities

Regarded among investors and industry observers as Southeast Asia’s most developed entrepreneurial ecosystem, Singapore has much to be proud of with regard to the transformation of its entrepreneurial landscape over the last decade. In…more

UK Regulator Consults on UCITS, SFTR and consequential Changes to the Handbook

The Financial Conduct Authority published a consultation paper outlining proposed changes to the rules and guidance in the Client Assets sourcebook and the Collective Investment Schemes sourcebook (COLL), following the adoption of the…more

Another Medigap/Preferred Hospital Network Arrangement Approved by OIG in Advisory Opinion 16-05

On May 3, 2016, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued another favorable advisory opinion, No. 16-05 [PDF], regarding an agreement between a Medicare Supplemental Health Insurance…more

"US Further Eases Burma Sanctions"

In response to Burma’s peaceful and competitive elections in November 2015, on May 18, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) further eased U.S. sanctions against Burma (Myanmar). These changes…more

Citadel, a $24-Billion Hedge Fund, Seeks Whistleblower Status

Just a few months after announcing the first-ever award to an outside whistleblower, federal authorities may be on the verge of expanding the reach of whistleblower incentives even further. Last week, Citadel, the Chicago-based…more

Employee Data Security: Perquisite or Prerequisite?

One of the many costs of doing business in this day and age is the threat of a data breach. In the past several years data breach incidents have occurred with increasing frequency. From Target to eBay and Sony to Ashley Madison…more

Mobile apps under close watch of the Kong Kong Privacy Commissioner

The Hong Kong Privacy Commissioner has taken a keen interest in promoting and ensuring the privacy compliance and security of mobile apps. On 21 April 2016, the Office of the Privacy Commissioner for Personal Data (the PCPD) held the…more

Blog: What US PE / VC Funds, Fund Managers, & Fund Investors Need To Know About The UK’s “People With Significant Control Register”

US-domiciled PE / VC funds often invest in European companies. Most fund managers know that, if they’re subject to the AIFMD, they might have to tell the European regulator(s) about these investments. It’s less well known that, if the…more

Supreme Court Decides Green v. Brennan

On May 23, 2016, the Supreme Court of the United States decided Green v. Brennan, No. 14-613, holding that a constructive-discharge claim accrues — and the limitations period begins to run — when the employee gives notice of his…more

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Contributor Spotlight

The Los Angeles Labor & Employment Law Group at Proskauer is comprised of approximately 15 lawyers representing and advising employers in the full spectrum of labor and employment law. They represent…

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