H. Carlton Hilson

H. Carlton Hilson

Burr & Forman

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Construction E-Note - June 2016

In a Q&A published on May 13, 2016 by the Orlando Business Journal, Peter Vilmos provides insight on Orlando’s biggest construction challenges and offers solutions to the various issues facing the industry. Among those...more

6/20/2016 - Anti-Discrimination Policies Bond Financing Construction Disputes Construction Industry Construction Project DOL Electronic Filing Federal Contractors Minimum Salary No Damage For Delay OSHA Over-Time Skilled Laborers Subcontractors Wage and Hour White-Collar Exemptions Workplace Injury Workplace Safety

Health Care E-Note - May 2016

On April 6, 2016 the Department of Labor's Employee Benefits Security Administration ("EBSA") issued its long awaited final rule redefining a fiduciary investment advisor (also known as the "conflict of interest rule"),...more

6/1/2016 - Business Associates CHIP CMS DOL EBSA Electronic Reporting Employee Benefits ERISA Fiduciary Duty FLSA Health Care Providers HIPAA Investment Adviser Medical Marijuana Minimum Salary OCR OIG OSHA Over-Time Retirement Plan Wage and Hour White-Collar Exemptions

Labor & Employment E-Note - May 2016

On May 18, 2016, the U.S. Department of Labor issued its final changes to the federal overtime regulations. The final regulations make significant changes to common white collar exemptions from the federal overtime...more

6/1/2016 - DOL EBSA Electronic Reporting Employee Benefits Employment Discrimination ERISA F-1 Visa Fiduciary Duty Final Rules FLSA Investment Adviser Medical Marijuana Minimum Salary OPT OSHA Over-Time STEM Wage and Hour White-Collar Exemptions Workplace Injury

Burr Alert: U.S. Department of Labor Issues New Overtime Regulations

On May 18, 2016, the U.S. Department of Labor ("DOL") issued its final changes to the federal overtime regulations. The final regulations make significant changes to common white collar exemptions from the federal overtime...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Construction E-Note - March 2016

Flint, Michigan’s problems with lead in its drinking water have been well documented, and this has prompted reports of similar problems detected in other communities, even though these are apparently not as extensive as the...more

3/21/2016 - Construction Disputes Construction Industry DOL Drinking Water Federal Contractors FLSA Highways Minimum Salary Minimum Wage Over-Time Wage and Hour White-Collar Exemptions

Health Care E-Note - March 2016

On February 12, 2016, the Department of Health and Human Services’ Center for Medicare & Medicaid Services ("CMS") published its final rule. The final rule clarifies two key sections of the often described 60-Day Overpayment...more

3/21/2016 - 60-Day Rule Affordable Care Act Certificate of Need CMS Consumer Bankruptcy Electronic Health Record Incentives False Claims Act (FCA) Health Savings Accounts Healthcare Fraud Minimum Wage Overpayment Recovery Time Limits Prescription Drugs Skilled Nursing Facility

Labor & Employment E-Note - March 2016

Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies...more

3/21/2016 - ADA Cell Phones Employment Policies FMLA Hiring & Firing Minimum Wage Mobile Devices Non-Compete Agreements Wage and Hour

Corporate E-Note - February 2016

With the start of the 2016 tax reporting season, taxpayers making certain payments to a person or entity with a Tennessee address may find that Tennessee has added to the number of information returns they need to...more

3/1/2016 - Banking Sector Cybersecurity DOJ FIRPTA Individual Accountability Online Payments Reporting Requirements Special Needs Trust Survivor Benefits Unpaid Overtime Wage and Hour White Collar Crimes White-Collar Exemptions Withholding Requirements

Banking & Financial Services E-Note - February 2016

Cases decided recently in Florida and Illinois call into question one legal rule that some might have thought well-settled: a firstperfected security interest in collateral beats a later-perfected lien creditor's interest in...more

3/1/2016 - Banking Sector Bankruptcy Court DOJ DOL Foreclosure HOA Individual Accountability Mortgages Required Forms Unpaid Overtime Wage and Hour White Collar Crimes White-Collar Exemptions

Burr Alert: Alabama Passes Bill Blocking Birmingham Minimum Wage Ordinance

On Thursday, February 25, 2016, Governor Robert Bentley signed a bill that immediately blocks Alabama cities from setting their own minimum wage rates. The bill was passed by the Alabama Senate earlier in the day by a 23-11...more

2/29/2016 - Employer Liability Issues Minimum Wage New Legislation Wage and Hour

Burr Alert: Birmingham City Council Votes to Raise Minimum Wage to $10.10

On Tuesday, February 23, 2016, the Birmingham City Council passed an ordinance implementing a minimum wage of $10.10 per hour for jobs within the Birmingham city limits. The Council voted last year to raise the minimum wage...more

2/29/2016 - Employer Liability Issues Minimum Wage Wage and Hour

Labor & Employment E-Note - February 2016

The U.S. Department of Labor ("DOL") recently announced that its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more

2/19/2016 - DOL FLSA Minimum Salary Severance Agreements Unfair Competition Unpaid Overtime Wage and Hour Wage Garnishment White-Collar Exemptions

Health Care E-Note - February 2016

The U.S. Department of Justice (“DOJ”) has a new view in cases involving corporate wrongdoing (including fraud and abuse, qui tam, and similar matters). And its gaze is focused squarely on rooting out and punishing the...more

2/19/2016 - 60-Day Rule Affordable Care Act ALJ CMS DOJ DOL False Claims Act (FCA) FLSA Health Care Providers Healthcare Fraud Home Health Care Medicare Part A Medicare Part B Minimum Salary Overpayment Recovery Time Limits Star Ratings Unpaid Overtime Wage and Hour White-Collar Exemptions

Burr Alert: Changes to Federal Overtime Exemption Rules Coming in July 2016: What Your Workplace Must Know and Do to Prepare

The U.S. Department of Labor ("DOL") recently announced its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more

2/1/2016 - DOL FLSA Minimum Salary Popular Unpaid Overtime Wage and Hour White-Collar Exemptions

Labor & Employment E-Note - September 2015

The National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the concept of “joint employment”...more

9/29/2015 - Arbitration Arbitration Awards Deflategate DOL Employee Benefits Federal Arbitration Act FLSA Football Franchisee Franchises Franchisors Joint Employers Minimum Salary Minimum Wage New England Patriots NLRB Pregnancy Discrimination SCOTUS Staffing Agencies Tom Brady Unpaid Overtime Wage and Hour White-Collar Exemptions Young v United Parcel Service

NLRB Redefines and Broadens the Joint Employment Standard

Just in time for Labor Day, the National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the...more

9/4/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchisee Franchisors Joint Employers McDonalds NLRA NLRB Staffing Agencies Temporary Employees Unions Wage and Hour

Construction E-Note - September 2014

In This Issue: - Arbitration Panel Misconstrues Contractor Licensing Law: Court Allows Decision to Stand - Expect New Sports Stadiums - as Long as They Make Money for the State - OSHA Proposes New Injury...more

10/10/2014 - Arbitration Construction Industry Construction Workers Licensing Rules OSHA SCOTUS

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

9/15/2014 - Affordable Care Act Background Checks Criminal Background Checks E-Cigarettes Employer Liability Issues Employer Mandates Equal Pay Hiring & Firing Marijuana Same-Sex Marriage Wage and Hour Wage Theft

OSHA Proposes New Injury And Illness Reporting Rules

On August 14, 2014, the Occupational Safety and Health Administration ("OSHA") issued a supplemental notice of proposed rulemaking regarding electronic submission of injury and illness records. OSHA had originally published...more

9/11/2014 - Bodily Injury Compliance OSHA Popular Reporting Requirements

Labor & Employment E-Note

In This Issue: - High Court to Hear Case on Pregnancy Accommodations - Supreme Court Says Some Employees Don't Have to Pay Union Fees - Recent Decision Leaves Questions About Religion in Hiring Process - NLRB...more

7/11/2014 - Carve Out Provisions EEOC Employer Liability Issues Hiring & Firing Pregnancy Discrimination Religion SCOTUS Severance Agreements Unions

President Obama Plans to Sign LGBT Anti-Discrimination Executive Order

President Barack Obama will soon sign an executive order barring federal government contractors from discriminating against lesbian, gay, bisexual, and transgender ("LGBT") employees and job applicants, according to recent...more

7/10/2014 - Anti-Discrimination Policies Discrimination Executive Orders LGBT Sexual Orientation Sexual Orientation Discrimination

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

4/9/2014 - Bonds Condominiums Construction Contracts Construction Disputes Construction Liens Contractors Employer Liability Issues Hiring & Firing Liens Social Media Venue

Health Care E-Note - March 26, 2014

In This Issue: - Hospital CEO Turnover Rate Reached Record 20 Percent in 2013 - States Take on Authority of Doctors vs. Advanced Practice Nurses - HHS Urges Hospitals to be More Prepared for Emergencies -...more

3/27/2014 - Affordable Care Act CMS Cyber Attacks Cybersecurity Healthcare HHS Hospitals Physicians Telemedicine

Labor & Employment E- Note - March 21, 2014

In This Issue: - High Court Mulls if Amazon Must Pay for Worker Security Checks - Silicon Valley Class-Action Accuses Executives of Hiring Collusion - EEOC Issues New Guidelines for Religious Bias as Complaints...more

3/26/2014 - Amazon Class Action Confessions Conspiracies EEOC Investigations Pensions Religion Religious Discrimination Safety Precautions Unions Workplace Hazards

Many Exempt Employees With Salaries $30,000 To $50,000 May Soon Be Entitled To Overtime

On March 13, 2014, President Obama signed a memorandum directing the United States Department of Labor to revise the regulations concerning employees' eligibility for overtime pay under the Fair Labor Standards Act ("FLSA")....more

3/21/2014 - Exempt-Employees FLSA Over-Time Unpaid Overtime Wage and Hour Wages

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