News & Analysis as of

De Minimis Claims

Fair use blocks out copyright claim over LeBron’s tattoo

by Thompson Coburn LLP on

Courtside questions: Is it fair or foul to show a player’s tattoo in a video game? LeBron James is a talented individual: three-time NBA Champion; 13-time NBA All-Star. And he gave a more than respectable performance playing...more

Hot List – What’s Happening in the California Legislature 4/24-4/28

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week... Recap of Legislative Bill Activity Last Week – The...more

Does Chevron Ever Permit EPA to Rewrite a Statute? EPA’s Release Reporting Exemptions Are Struck Down

On Tuesday, April 11, 2017, the Court of Appeals for the District of Columbia vacated EPA’s final rule governing reporting of air releases from animal feeding operations. The Court found that EPA had no statutory authority...more

Employer’s Guide to Preliminary and/or De Minimis Activities Under the FLSA: Booting Up Before Clocking In

by Nexsen Pruet, PLLC on

Security apps, passwords, and slow computers can delay the start of the workday for many of us by one to six minutes. For non-exempt employees, this can become an issue. Office employees who clock in using their work...more

“Pre-Shift” Does Not Mean “Before-Shift”: Are Your Pre-Shift Meetings Violating The FLSA?

by Fisher Phillips on

The popular workplace practice of holding a “pre-shift” meeting to set the tone of the workday and communicate important announcements can be very beneficial and may even boost workplace morale. But don’t be fooled by this...more

Wage and Hour Compliance: Off-the-Clock Work

by McManis Faulkner on

Thanks to the wonders of technology, it has become increasingly easier for non-exempt employees to engage in small work-related acts, or to be “on call” for their employer, after they have “clocked out” at the end of a shift....more

Trump Administration Takes First Steps to Support Exchanges, but Key Questions Remain

by McDermott Will & Emery on

In an effort to stabilize the Exchanges and encourage issuer participation, the Centers for Medicare & Medicaid Services (CMS) recently extended the federal Exchange application and rate filing deadlines and published a...more

Pay-to-Play Enforcement Sweep Snares Private Equity and Venture Capital

On January 17, 2017, the SEC announced nine settled enforcement actions for violations of the pay-to-pay rule against private equity, venture capital and hedge fund sponsors. The firms involved agreed to pay monetary...more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

by Nossaman LLP on

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

MoFo IP Newsletter - November 2016

by Morrison & Foerster LLP on

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” - October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more

More Than Zero: Under the Lanham Act, One Interstate Sale Qualifies as Actual Use of a Trademark in Commerce

by Knobbe Martens on

In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held...more

The Clock is Ticking for the “De Minimus” Time Doctrine

by Fox Rothschild LLP on

With briefs due next week, we anxiously await the California Supreme Court’s review of the de minimus doctrine in Troester v. Starbucks Corporation. Under the doctrine, employers are not obligated to pay employees for small...more

Commission Approves an Order Regarding Swap Dealer Registration De Minimis Exception

On October 13, 2016, the U.S. Commodity Futures Trading Commission extended until December 31, 2018, the $8 billion swap dealer registration de minimis threshold. Unless it is further modified, the threshold will become $3...more

Employment Law - September 2016 #2

California Appellate Court Moves Associational Disability Claims Forward - Why it matters - Recognizing associational disability claims, a California appellate panel ruled that an employee's claim for disability...more

Ninth Circuit Approves Neutral Time Clock Rounding Practice

Time clock rounding is a longstanding employer practice whereby employers round employee starting and stopping times to the nearest five minutes, or to the nearest one-tenth or quarter of an hour. Is the practice legal? For...more

FINRA’s Proposed Rules on Gifts, Gratuities, and Non-Cash Compensation

by Morgan Lewis on

If adopted as proposed, the rules will largely expand supervisory resources needed to oversee compliance. After a two-year silence, the Financial Industry Regulatory Authority (FINRA) has proposed amendments to Rule 3220...more

CFTC Releases Its Final Staff Report on the Swap Dealer De Minimis Exception

by Morrison & Foerster LLP on

Last month the Commodity Futures Trading Commission (“CFTC”) released the final report of its staff (the “Staff”) on the de minimis exception to the CFTC’s definition of “swap dealer” (the “Final Report”). That exception,...more

CFTC Staff Issues Final Swap Dealer De Minimis Exception Report

On August 15, 2016, Staff of the U.S. Commodity Futures Trading Commission (“CFTC”) published a final report regarding the de minimis exception from swap dealer registration (“Staff De Minimis Report”).  The Staff De Minimis...more

2016 Amendments to the Delaware General Corporation Law

by Dorsey & Whitney LLP on

On June 16, 2016, Delaware Governor Jack Markell signed into law House Bill No. 371, which makes a number of noteworthy changes to the Delaware General Corporation Law (“DGCL”). The most significant 2016 amendments to the...more

Short Samplings of Songs May Not Be Considered Copyright Infringement After All

by Polsinelli on

The Ninth Circuit Court of Appeals just decided that sampling a song without permission does not necessarily infringe the copyright. Many artists have built careers by sampling an old song to create a new work. Until now,...more

Ninth Circuit “Strikes A Pose” For Madonna And Music Sampling In “Vogue” Copyright Dispute

In a copyright decision that rocks the music industry and splits from the Sixth Circuit, the Ninth Circuit recently held that Madonna’s mega-hit “Vogue” did not violate copyright rights by sampling a 0.23-second horns segment...more

Ninth Circuit Roundly Supports Time Punch Rounding

by Seyfarth Shaw LLP on

The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy...more

Second Circuit Affirms Denial of Class Certification in FDCPA Action for De Minimus Recovery

by Hinshaw & Culbertson LLP on

Gallego v. Northland Grp. Inc., No. 15-1666-CV, 2016 WL 697383 (2d Cir. Feb. 22, 2016) - Debtor brought a class action against a debt collector alleging violations of the Fair Debt Collection Practices Act (FDCPA) by...more

Whistle while you work… on getting dressed: Wisconsin Supreme Court rules Hormel employees to be paid for time putting on clothing...

by Hinshaw & Culbertson LLP on

Like most employers, Hormel Foods paid its employees from the time they punched-in to the time they punched-out. Prior to punching the clock, manufacturing employees were required to dress in a clean white jumpsuit, boots,...more

Wisconsin Supreme Court Weighs in on the Compensability of Pre- and Post-Shift Work

by Littler on

The Wisconsin Supreme Court recently helped clarify the circumstances under which pre- and post-shift donning and doffing constitutes compensable work under Wisconsin’s minimum wage and overtime laws. The decision, which...more

48 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.