News & Analysis as of

De Minimis Claims

McDermott Will & Emery

New German Merger Control Thresholds: A More Business-Friendly Approach?

McDermott Will & Emery on

What Happened: • On January 19, 2021, major changes to German antitrust/competition law, i.e. the 10th Amendment Act to the German Act Against Restraints of Competition (ARC) entered into force. • In addition to...more

Morrison & Foerster LLP

Germany: New Merger Control Rules With Significantly Increased Notification Thresholds

KEY TAKEAWAYS German merger control will see some major changes in 2021. Today, the German parliament adopted the draft 10th Amendment to the German Act Against Restraints of Competition (ARC). The new amendment to the...more

Littler

California Legislature Essentially Eliminates Public Works “De Minimus” Exception

Littler on

On September 30, 2020, Governor Newsom signed into law AB 2231, which limits the “de minimis” exception to California prevailing wage laws to all but the smallest projects.  Specifically, the new law limits the de minimis...more

Proskauer - Advertising Law

Court Gives Vanilla Ice Cream False Advertising Claims a Frosty Reception

Judge Louis L. Stanton of the Southern District of New York recently granted defendant Wegmans Food Markets’motion to dismiss claims alleging that Wegmans falsely labels its vanilla ice cream. Plaintiffs sued Wegmans for...more

Morrison & Foerster LLP

EU Copyright Directive – Quo Vadis: First Steps Towards Its German Implementation

On June 7, 2019, the highly controversial EU Copyright Directive (“Directive”) came into force, requiring EU Member States to transpose its provisions into national law by June 7, 2021. To recap, the most relevant...more

Foley & Lardner LLP

Re-Thinking Fringe Benefits for Your Newly-Remote Workforce? Do You Know Whether They’re Taxable? (The IRS Will…)

Foley & Lardner LLP on

While there has been some improvement in the spread of COVID-19 in the US, the daily count of new cases remains high. As a result, many large employers have extended their remote working policies through the fall, with others...more

Foley & Lardner LLP

USMCA Rules of Origin: De Minimis as an Alternative To Qualify for Tariff Preferences

Foley & Lardner LLP on

The United States–Mexico–Canada Agreement's (USMCA) de minimis provision allows a small percentage of outside-of-North America originating inputs that do not meet the applicable tariff shift, to be used in a qualifying USMCA...more

Morrison & Foerster LLP

Germany Strives For A “More Focused” Merger Control Regime, Shifting Attention To Problematic Deals

Major changes in the German merger control regime can be expected for 2021. Today, the German government adopted the draft 10th Amendment to the German Act Against Restraints of Competition (the “Draft”). The Draft will now...more

Fisher Phillips

Employees Win Latest California Bag Check Case – But Court Leaves One Final Cliffhanger On The Compensability Of Closing Tasks

Fisher Phillips on

The long-fought bag-check battle against Apple is coming to an end, and the employee class just won a major victory in California when a federal court of appeals ruled that the company must pay its workers for the time spent...more

Jackson Lewis P.C.

FDIC Revises Federal Deposit Insurance Act Section 19 Regulations

Jackson Lewis P.C. on

Federal Deposit Insurance Corporation (FDIC) changes to its interpretation of Section 19 of the Federal Deposit Insurance Act will affect the hiring practices and affirmative action obligations of the financial institutions...more

Seyfarth Shaw LLP

FDIC Issues Final Rule to Codify Section 19’s Policy on Hiring Individuals with Convictions for Minor Criminal Offenses

Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 24, 2020, the Federal Deposit Insurance Corporation issued a final rule that codifies the FDIC’s Statement of Policy (SOP) related to Section 19 and makes several important changes to the SOP. The...more

Morgan Lewis - All Things FinReg

FDIC Eases Bank Restrictions on Job Applicants with Prior Criminal Convictions

The Federal Deposit Insurance Corporation (FDIC) announced on July 24 the approval of a final rule that will ease restrictions on banks’ hiring process for individuals with certain criminal offenses on their records. ...more

Troutman Pepper

Proposed Regulations Provide Guidance on Unrelated Business Taxable Income (UBTI) Calculation

Troutman Pepper on

On April 24, 2020, the U.S. Treasury Department and Internal Revenue Service issued proposed regulations with respect to Section 512(a)(6) of the Internal Revenue Code. These regulations are designed to provide guidance on...more

Proskauer Rose LLP

SEC Proposes Increasing the 13F Threshold to $3.5 billion

Proskauer Rose LLP on

On July 10, 2020, the Securities and Exchange Commission (“SEC”) proposed significantly increasing the reporting threshold requiring the filing of a Form 13F to $3.5 billion, a 35-fold increase from the current threshold....more

Fox Rothschild LLP

Wave Of Wage-Hour Lawsuits Coming? Beware Of The Danger Zones

Fox Rothschild LLP on

I have been writing about wage hour issues that are implicated or raised by the continuing COVID-19 situation. Well, here’s another one. I warn that as businesses start to open up (or not), employees (and, more to the point,...more

Sheppard Mullin Richter & Hampton LLP

Huawei Whack-A-Mole: The U.S. Takes Another Swing at the Chinese Semiconductor Industry

On Tuesday, May 19, the U.S. Commerce Department published a regulation (effective May 15, 2020) that prohibits sale to Huawei of a microchip made to a Huawei specification, made outside the United States with non-U.S....more

Fisher Phillips

Now More Than Ever, California Employers Need To Stay Abreast Of Working Time and Control Issues

Fisher Phillips on

The California appellate courts, and the California Supreme Court, continue to weigh in on significant and compelling wage and hour issues that affect employers each day. “Hours Worked” Under The Control Test – Going Back...more

Thompson Coburn LLP

Air ball! Court rejects shot at copyright claim for NBA player tattoos

Thompson Coburn LLP on

Is it a technical foul to show NBA players’ tattoos in a video game? A federal judge in New York answered that question with the legal version of the Mutombo finger wag*, and ruled in favor of Take Two, a video game...more

King & Spalding

De Minimis Content Claims: Small Amounts, Big Deal

King & Spalding on

Food and beverage companies doing business in the United States should be aware that lawsuits are being brought against businesses based on small amounts of ingredients and trace amounts of substances that are incidentally in...more

Kelley Drye & Warren LLP

BIS tightens Cuba restrictions, lowers de minimis threshold to 10 percent

Kelley Drye & Warren LLP on

Yesterday, the U.S. Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to further tighten restrictions on Cuba. The changes, which are effective immediately, are part of a broader U.S....more

King & Spalding

Compensation and Benefits Insights – September 2019

King & Spalding on

“Exit Contribution” an End-Run Around de minimis Withdrawal Liability - A recent ruling from the U.S. Court of Appeals for the Fourth Circuit, Sheet Metal Workers’ National Pension Fund v. Four-C-Aire, Inc. (4th Cir. July...more

Constangy, Brooks, Smith & Prophete, LLP

California Employers, Are You Ready To Be "Schooled"?

As Labor Day and "back to school" beckon, what new laws and trends are we seeing in California? Here are my picks: NATURAL HAIR MUST BE ALLOWED. A new California statute says natural hair styles must be allowed. So take a...more

Polsinelli

California says “Goodbye” to the De Minimis Doctrine

Polsinelli on

For years, courts applied the de minimis doctrine “to excuse the payment of wages for small amounts of otherwise compensable time upon a showing that the bits of time are administratively difficult to record.” Troester v....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2019

This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...more

Jackson Lewis P.C.

Ninth Circuit Swiftly Rebuffs Attempted Expansion Of California De Minimis Doctrine

Jackson Lewis P.C. on

On June 14, 2019, a panel of the Ninth Circuit Court of Appeals heard oral argument in consolidated appeals involving the compensability of pre-exit inspections of employee bags at two retail clothing store chains. While the...more

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