Akerman LLP

Wellness Programs May Need a Check-Up Following Recent EEOC Guidance

Many employers offer some type of “wellness program” to their employees as a way to improve employee health and reduce healthcare spending. Wellness programs can be called many different things, including “weight loss…more
| Civil Rights, Health, Labor & Employment Law

Long-Awaited New Overtime Rule Issued

Beginning December 1, 2016 employers will have to pay “white collar” workers a salary of $47,476 ($912 a week) and ensure that they meet certain job duties tests established by law or else pay them overtime, under new…more
| Labor & Employment Law

Wellness Programs May Need a Check-Up Following Recent EEOC Guidance

Many employers offer some type of "wellness program" to their employees as a way to improve employee health and reduce healthcare spending. Wellness programs can be called many different things, including "weight loss…more
| Health, Labor & Employment Law

Generic Churrascos at the Federal Circuit

The Federal Circuit recently provided additional guidance concerning whether an applied-for mark is generic in In re Cordua Restaurants, Inc., (May 13, 2016). This case stemmed from the United States Patent and Trademark…more
| Administrative Law, Commercial Law & Contracts, Intellectual Property

En Banc Reconsideration Sought in FLANAX Case

Belmora LLC filed a petition for reconsideration en banc of the Fourth Circuit’s FLANAX decision in Belmora LLC v Bayer Consumer Care AG, Appeal No. 15-1335 (4th Cir. March 23, 2016). As we previously have blogged…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO Drops 11th Circuit Appeal of ND Alabama Order In Houndstooth Case

We previously blogged on Judge Proctor’s (ND Ala.) order directing the United States Patent and Trademark Office (the “Board”) to comply with the Court’s prior order, approving a settlement agreement between the University of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Moving Workplace Injury and Safety Reporting Into the Digital Age: Electronic Reporting Requirements For OSHA Data

On May 11, 2016, the Occupational Safety and Health Administration finalized its 2013 proposed rule aimed at improving tracking of workplace injuries, increasing transparency and encouraging employees to report violations…more
| Labor & Employment Law

Attention Employers: Action Required Before Having Employees or Contractors Sign Non-Disclosure Agreements

Wednesday, President Obama signed the federal Defend Trade Secrets Act of 2016 into law, the details of which we reported in a recent Akerman Practice Update. The Act allows companies for the first time to bring trade secret…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property, Labor & Employment Law

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA…more
| Labor & Employment Law

The Ripple Effect of New York State's Minimum Wage Increase - Part II: The Hospitality Industry

The hospitality industry in New York State, already facing potentially significant increases in labor costs due to upcoming increases in the minimum wage, will need to adjust policies and practices in anticipation of the ripple…more
| Labor & Employment Law

In re Tam Redux Redux: Redskins Petition for Certiorari, Trying to Skip 4th Cir.

In response to the United States Patent and Trademark Office’s (“USPTO”) petition for writ of certiorari in to the U.S. Supreme Court In re Tam (“THE SLANTS” case), the owners of the Washington Redskins filed their own petition…more
| Art, Entertainment, & Sports Law, Civil Procedure, Indigenous Peoples, Intellectual Property

New York State Increases Minimum Wage and Enacts Paid Family Leave

For employers with employees in New York State, the cost of doing business in the state is going to go up due to recent legislation. New York State recently passed the following two important changes in the law which will…more
| Elections & Politics, Labor & Employment Law

The Ripple Effect of New York's Minimum Wage Increase - Part I: The Non-Hospitality Industry

Companies with employees in New York may feel ripple effects of New York's upcoming minimum wage increases in ways they may not have considered, resulting in a heavier financial burden for many. As detailed in our HR…more
| Labor & Employment Law

Representative Evidence May Or May Not Be Sufficient

A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by the…more
| Civil Procedure, Labor & Employment Law

Federal "Defend Trade Secrets Act of 2016" Passes in Congress Today: How the DTSA Affects Your Business

Over the past decade, as companies moved into a digital world, so too moved their most valuable assets and proprietary information. As a result, the United States witnessed a significant uptick in data theft and misappropriation…more
| Business Organizations, Intellectual Property, Science, Computers, & Technology
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