The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL), which limited the circumstances under which employers can claim a "tip...more
We have been monitoring and awaiting the Supreme Court's ruling on (what is known as) the Chevron doctrine. You can read more about the doctrine here. On Friday, the Supreme Court issued its decision and overruled the...more
On May 19, 2023, the Sixth Circuit Court of Appeals issued a decision creating a three-way split among federal courts on the handling of collective actions filed under the Fair Labor Standards Act (FLSA). In deciding whether...more
Workplace discrimination claims remain one of the most significant areas of legal exposure for employers, from hiring to firing and everything in between. An employer's reliance on artificial intelligence (AI), especially in...more
In a 6 – 3 decision on February 22, 2023, the U.S. Supreme Court held that an offshore rig employee paid a "day rate" but earning more than $200,000 annually is entitled to overtime....more
On October 11, 2022, the U.S. Department of Labor announced that it will publish a Notice of Proposed Rulemaking in the Federal Register on October 13 to provide guidance on classifying workers as employees or independent...more
As we summarized in previous alerts, on December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA's "Vaccine or Test" (Emergency Temporary Standard) ETS by the Fifth Circuit Court of...more
On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA's "Vaccine or Test" ETS by the Fifth Circuit. As we summarized in our previous alerts, the ETS was published on November 5,...more
12/24/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As we summarized last week, OSHA's "Vaccine or Test" ETS was released on November 4 and published on November 5, 2021. It was met with an avalanche of lawsuits, and by November 6, the ETS had been stayed by the Fifth Circuit...more
Government agencies have been grappling for nearly a year with ongoing attacks directed at state unemployment programs through unique fraud schemes. The Department of Labor (DOL) has estimated that approximately $36 billion...more
4/2/2021
/ CARES Act ,
Data Breach ,
Department of Labor (DOL) ,
Fraud ,
Grants ,
Human Resources Professionals ,
Long Term Care Facilities ,
Risk Mitigation ,
Training ,
Unemployment ,
Unemployment Benefits
Government agencies are grappling with the theft of millions of taxpayer dollars through unique fraud schemes directed at state unemployment programs. Employers often are the first to discover these schemes when they learn...more
11/17/2020
/ Data Theft ,
Department of Labor (DOL) ,
Employee Training ,
Fraud ,
Human Resources Professionals ,
Personally Identifiable Information ,
Phishing Scams ,
Remote Working ,
Risk Management ,
Unemployment ,
Unemployment Benefits
Between gerrymandering and the 'citizenship' question, the Supreme Court concluded its 2018 term with a bang. The Court is primed for further fireworks in its 2019 term. For employers, this includes whether Title VII...more
OIG maintains a list of all currently excluded individuals and entities called the "List of Excluded Individuals/Entities," or LEIE. Covered entities that hire – or continue to employ or work with – an individual or entity on...more
4/22/2019
/ Administrative Law Judge (ALJ) ,
Covered Entities ,
Databases ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Federal Funding ,
Federal Health Care Programs (FHCP) ,
Health Care Providers ,
Healthcare Workers ,
Hiring & Firing ,
Hospitals ,
List of Excluded Individuals/Entities (LEIE) ,
Medicaid ,
Medicare ,
OIG ,
Physician Payments ,
Prior Conviction ,
Social Security Act
Maryland first joined the "legal marijuana" party back in 2014, and in June 2017, the Maryland Medical Marijuana Commission licensed the first dispensary.
Originally published in Maryland State Bar Association Section of...more
3/22/2019
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cole Memorandum ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
Dispensaries ,
Drug Testing ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Popular
In his first opinion since being confirmed to the Supreme Court, Justice Kavanaugh was joined by his fellow justices in unanimously deciding that delegation clauses in arbitration agreements must be enforced. Delegation...more
1/25/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
Over the past several years, the Supreme Court has taken a keen interest in arbitration agreements, both in the employment context and beyond. In its last term, the Supreme Court affirmed the use of class waivers in...more
In passing the omnibus spending bill earlier this year, Congress included an amendment to the Fair Labor Standards Act (FLSA) that significantly changed the rules for pooling/splitting tips. The amended rules have been in...more
The European Union's General Data Protection Regulation (GDPR) is a far-reaching and formidable regulatory scheme that governs the processing and handling of personal data. Although it formally took effect on May 25, 2018,...more
On January 4, Attorney General Jeff Sessions rescinded Obama-era guidance outlining the federal policy of non-interference with state-run marijuana programs. The Attorney General's actions have rocked the cannabis industry....more
Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to continue a series of client alerts that address significant cyber-threats to your business and discuss ways you can protect your business...more
In an Executive Order dated April 18, 2017, President Trump announced that it "shall be the policy of the executive branch to buy American and hire American." If an employer does not "hire American," it may find itself the...more
Across the country, employers and companies are dealing with efforts to decriminalize and legalize marijuana, both medicinal and recreational. In November 2016, by constitutional amendment, Arkansas legalized medical...more
Securing physical worksites and workspaces is by now old hat. We all know file cabinets should be locked, worksites secured and personal access to information monitored. Securing portable devices, however, often receives less...more
Yes! Employees and other insiders – think Edward Snowden – can, and in fact, do play a role in most data breaches or cyber-security incidents. Companies must ensure their data protection policies include not only training but...more
Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to introduce a series of client alerts that will address significant cyber-threats to your business and how you can protect yourself by...more