Schnader Harrison Segal & Lewis LLP

The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage and…more
| Education, Labor & Employment Law

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…more
| Labor & Employment Law

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…more
| Labor & Employment Law, Nonprofit Law

Defend Trade Secrets Act is Enacted

In late April, Congress approved the Defend Trade Secrets Act of 2016 (“DTSA” or the “Act”) with over-whelming bipartisan majorities. President Obama signed DTSA into law on May 11, and it takes effect immediately. First…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

New York City Commission on Human Rights Publishes Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy

The New York City Human Rights Law (“NYCHRL”) is New York City’s local law that prohibits discrimination in employment, public accommodations and housing. The New York City Commission on Human Rights (“Commission”) has authority…more
| Civil Rights, Labor & Employment Law

IRS Shuts Down Work Around for Treating a Partner as an Employee

The IRS has long taken the position that a partner cannot also be an employee of the partnership. The prohibition also applies to persons that hold equity in a limited liability company ("LLC") that is taxed as a partnership –…more
| Business Organizations, Labor & Employment Law, Taxation

An Injunction By Another Name May Still Immediately Be Appealed

The Third Circuit recently reaffirmed its authority to hear appeals from district court interlocutory orders that grant prospective equitable relief under 28 U.S.C. § 1292(a)(1), even where injunctive relief had not expressly…more
| Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

IRS Hires Enforcement Agents to Support Worker Misclassification Initiatives

Despite major reductions in budget since 2010, the IRS has remained vocal about stepping up enforcement actions against employers whose employees are misclassified as independent contractors. The IRS is about to get a…more
| Labor & Employment Law, Taxation

Overtime Exemption Changes Expected Next Week

The U.S. Department of Labor (DOL) is poised to release the final rules regarding overtime exemption changes. On March 14, the DOL submitted its final version of the regulations to the Office of Management and Budget (OMB) for…more
| Administrative Law, Labor & Employment Law

Both Statewide Paid Family Leave and the $15 Minimum Wage for Most of the NYC Metro Area Became Law in New York April 4th

In a flurry of activity accompanying agreement with the Governor on a budget in late March, New York State lawmakers passed, and Governor Cuomo subsequently signed, legislation following California’s lead in raising the…more
| Elections & Politics, Labor & Employment Law

New York Appeals Court Imposes Individual Employee Liability for Interfering with FMLA Leave and Retaliation

On March 17, 2016, the federal Court of Appeals in New York held for the first time as Second Circuit law that a human resources director and other managers can be liable for personally violating another employee’s rights under…more
| Civil Procedure, Labor & Employment Law

Wolf Signs Sexual Orientation Non-Discrimination Orders

On April 7, Pennsylvania Governor Tom Wolf signed two executive orders barring discrimination against workers on the basis of sexual orientation or gender identity. Executive Order 2016-04 prohibits government agencies from…more
| Civil Rights, Elections & Politics, Labor & Employment Law

California On Its Way to $15.00 Minimum Wage

The $15.00 minimum wage has been the goal of a loud and active national movement for some time now. A report by the Los Angeles Times of a California-style deal between unions and the California legislature suggest that a 50%…more
| Elections & Politics, Labor & Employment Law

The Pennsylvania Capital Stock Tax is no More––Now What?

With the April 15 deadline for calendar year Pennsylvania Corporate Tax Report (RCT-101) filers right around the corner, it is worth remembering that the Pennsylvania Capital Stock/Foreign Franchise Tax (“CS/FFT”) has finally…more
| Business Organizations, Taxation

Eighth Circuit Opens Circuit Split on the Scope of the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (ECOA) makes it unlawful for any creditor “to discriminate against any applicant, with respect to any aspect of a credit transaction . . . on the basis of . . . marital status.” The statute was…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking
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