Obermayer Rebmann Maxwell & Hippel LLP

Supreme Court Criticizes Labor Department for Arbitrary Overtime Regulations

The Supreme Court ruled on June 20, 2016, that the U.S. Department of Labor’s (“DOL”) 2011 regulation removing a long-standing exemption to overtime pay for auto service advisors was “procedurally defective.” In a 6-2 opinion,…more
| Civil Procedure, Labor & Employment Law

Ask the Health Law Gurus™: Can a Prison Forcibly Medicate an Inmate with a Psychotropic Drug against the Inmate’s Will?

Question: Can a Pennsylvania prison forcibly administer a psychotropic medication to an inmate against the inmate’s will? Answer: In Pennsylvania, a prison’s ability to forcibly medicate an inmate with a psychotropic drug…more
| Civil Rights, Criminal Law, Health

Private Employer Posting Requirements: Prohibition Of Guns In The Workplace

With recent events regarding gun violence, employers should be aware that several states require private employers to post notices if they ban guns at the workplace. An employer’s obligation regarding specific language and color…more
| Labor & Employment Law

Ask the Health Law Gurus™: What is a Non-Compete Clause in an Employment Contract? Is it Enforceable?

Question: I have heard about non-compete clauses being negotiated in employment agreements with physicians. What is a non-compete clause? What does it mean if my contract has a non-compete clause?…more
| Commercial Law & Contracts, Health, Labor & Employment Law

NLRB’s General Counsel Makes Dramatic Move to Protect Unions from Being Ousted, Even by Employees

By Memorandum GC 16-03, issued on May 9, 2016, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Richard Griffin, instructed the NLRB’s Regional Directors to issue a complaint in any unfair labor…more
| Commercial Law & Contracts, Labor & Employment Law

False Claims Act Penalties Moving Full Steam Ahead

By August 1, 2016, all federal agencies must adjust their civil monetary penalties, including penalties required by the False Claims Act (“FCA”), to account for inflation. Last month, the Railroad Retirement Board, which…more
| Constitutional Law, Government Contracting, Health, Insurance

Game Over, Man! Bankruptcies Trump Ongoing Obligations under Expired CBAs

On May 31, 2016, the Supreme Court denied the cert. petition of Unite Here Local 54, Atlantic City’s largest casino workers’ union, which challenged a Third Circuit decision affirming a Delaware Bankruptcy Court decision that…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Update: New Jersey Minimum Wage Bill Clears the Assembly

With the federal minimum wage stalled at $7.25 since 2009, HR Legalist has been tracking several developments to wage and hour law on both the federal level (via the pending overtime rule change recently reported by HR Legalist…more
| Elections & Politics, Labor & Employment Law

How Much is a Fifteen Month Marriage Worth? (Depp and Heard Divorce)

It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp…more
| Art, Entertainment, & Sports Law, Family Law

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must…more
| Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law

Obama Signs Law Giving Trade Secrets Federal Protection

A company’s confidential trade secrets are their most coveted assets and give a company a competitive edge over its competitors. Such trade secrets may include product specifications and formulas, recipes, computer algorithms,…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property, Labor & Employment Law

The Wait is (Almost) Over: New Overtime Regulations Announced

Since March of 2014, HR Legalist has been tracking a big change to the federal overtime rules. When the preliminary rule was announced last July, the Department of Labor (“DOL”) made it clear that the exemption rules would be…more
| Labor & Employment Law

New Federal Workplace Safety Rules Announced May 11

The Occupational Safety and Health Administration (OSHA) on Wednesday, May 11, finalized a new recordkeeping and reporting rule that requires employers in certain industries to electronically submit injury and illness…more
| Labor & Employment Law

Flushed: The Debate Over Bathroom Access Rights for Transgender Employees Continues

America is currently in the midst of a debate over sex segregated public bathrooms and their impact on the bathroom access rights of transgender individuals. Over the past few years, there’s been a wave of state legislation…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Divorce does not end parenthood

For many divorced parents, the thought of having to share parenting responsibilities with the person who has hurt you emotionally and/or financially may seem like an impossible challenge. However, even though your relationship…more
| Family Law
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