David Barmak

David Barmak

Mintz Levin

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The DOL Releases Its Final Rule Updating the FLSA White-Collar Overtime Regulations

The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Wage and Hour White-Collar Exemptions

The DOL Releases Its Final Rule Updating the FLSA White-Collar Overtime Regulations

The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Wage and Hour White-Collar Exemptions

Trade Secrets Going Federal: President Obama Signs into Law Landmark Defend Trade Secrets Act Requiring Immediate Action by All...

On Wednesday, President Obama signed into law the groundbreaking Defend Trade Secrets Act (DTSA), which for the first time creates a federal civil remedy for trade secret misappropriation and provides uniformity (and...more

5/16/2016 - Asset Seizure Confidentiality Agreements Defend Trade Secrets Act (DTSA) Ex Parte Intellectual Property Protection Misappropriation Notice Requirements Private Right of Action Trade Secrets Whistleblower Protection Policies

Innocents Abroad: Employment Agreements for Employees Working In High Risk Countries

Carrie: Thanks again for your guidance over the past several weeks. Now that we’ve tackled updating our offer letters for employees working abroad, I’d like to look at our employment agreements. What provisions should...more

5/5/2016 - Employer Liability Issues Employment Contract International Labor Laws Traveling Employee

Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide...

The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more

3/26/2016 - Admissible Evidence Calculation of Damages Class Action Class Certification Class Members Doffing Donning FLSA SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Employment Matters Monthly - February 2016

A Note from the Editors - If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more

2/12/2016 - ADA Affordable Care Act Campbell Ewald v Gomez Class Action Class Representatives Employee Privacy Rights EU European Court of Human Rights FLSA Mootness Non-Disparagement Provisions Private Communications Reporting Requirements Rule 68 SCOTUS Wellness Programs

Mintz Levin Alumni Profile — Flora Feng, Senior Director & Legal Counsel, Asia Pacific Region, PepsiCo

Narges Kakalia, a member in the litigation section in our New York office, recently sat down with Mintz Levin alumna Flora Feng, Senior Director & Legal Counsel, Asia Pacific Region for PepsiCo to discuss career transitions,...more

8/14/2015 - Women in the Law

Court Enforces Arbitration Agreement, Requiring Employees to Arbitrate Whistleblower Claims

We have frequently written about the increasing likelihood that courts will enforce arbitration agreements to resolve a broad range of issues arising out of the employment relationship. Recently, a federal court provided...more

8/6/2015 - Anti-Retaliation Provisions Arbitration Agreements False Claims Act (FCA) Federal Arbitration Act Federal Contractors Qui Tam Relators Retaliation Whistleblowers

It’s Not Boilerplate Anymore: SEC Order Serves as Reminder to Carefully Consider Language Used in Employee Confidentiality...

The Securities and Exchange Commission instituted cease and desist proceedings against KBR, Inc. for the purpose of entering an agreed Cease and Desist Order which is likely to affect the drafting of all confidentiality...more

4/2/2015

Emergency Legislation to DC’s Wage Theft Law Clarifies That Exempt Employees Are Not Subject to Heightened Recordkeeping...

The D.C. Council has passed emergency legislation to address certain ambiguities in and other issues raised by D.C.’s Wage Theft Prevention Amendment Act, which takes effect on February 26, 2015. As we noted last month, the...more

2/5/2015 - Exempt-Employees New Legislation Recordkeeping Requirements Wage Theft Prevention Act Wages

D.C.’s New Wage Theft Law Imposes Additional Notice, Posting and Recordkeeping Requirements on Employers

Last October, we reported on D.C.’s soon-to-be-enacted D.C. Wage Theft Prevention Amendment Act. This Act, which amends several existing D.C. wage and hour laws, includes new notice requirements and retaliation protections,...more

1/26/2015 - Employer Mandates Notice Requirements Posting Requirements Reporting Requirements Wage and Hour Wage Theft Wage Theft Prevention Act

D.C. the Latest Jurisdiction to Ban the Box

The District of Columbia is on the verge of joining the 13 other states (and numerous cities and counties throughout the country) that have enacted “Ban the Box” laws prohibiting or limiting an employer from asking job...more

9/17/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from...

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....more

8/22/2014 - Employee Rights Employer Liability Issues Over-Time Treble Damages Unpaid Overtime Wage and Hour Wages

Sixth Circuit Court of Appeals Decision another Victory For Employers Seeking to Avoid Class Actions

Just last week Mintz Levin presented a webinar on how employers can use arbitration agreements as a tool to avoid exposure to wage and hour and other class actions. The thesis of the webinar was that recent Supreme Court and...more

11/13/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS Stolt-Nielsen

Fourth Circuit Court of Appeals Takes Rare Step of Vacating Arbitrator’s Award, Saving Employer $400,000

A divided panel of the United States Court of Appeals for the Fourth Circuit took the unusual step of reversing an arbitrator’s award in favor of an ex-employee, finding that the arbitrator’s award was in “manifest disregard”...more

11/1/2013 - Arbitration Arbitration Awards Employer Liability Issues Vacated

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