News & Analysis as of

Waiting Periods

The Waiting Is the Hardest Part: Fifth Circuit Rules on Compensability of Pre-Shift Wait Time

While the Portal-to-Portal Act sounds more like a science fiction movie than a wage statute, it comes into play every day for hourly employees. Enacted in 1947 in response to litigation following the relatively new (at the...more

DOJ Reminds Companies That Expiration of HSR Waiting Period Is Not Always the Antitrust Agencies' Final Say

On September 26, 2017, the Department of Justice (DOJ) filed a complaint in the U.S. District Court for the District of Delaware challenging Parker-Hannifin Corporation's (Parker's) consummated acquisition of CLARCOR, Inc....more

DOJ’s Challenge of Parker-Clarcor: HSR Clearance Does Not Equal Safe From DOJ Challenge

by Shearman & Sterling LLP on

On September 26, the DOJ challenged Parker-Hannifin’s $4.3-billion consummated acquisition of Clarcor, serving as a reminder that receiving HSR clearance does not immunize transactions from being challenged, even after...more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

TUPE transfer after a share purchase

by Dentons on

It is generally accepted that the TUPE Regulations will not apply to a transfer of shares. This is because there is no change in identity of the employer following a share sale. All rights, duties and liabilities in...more

Put It In Writing: Policy Controls When Vacation Accrual Begins

by Seyfarth Shaw LLP on

Seyfarth Synopsis: While California courts have created annoying doctrines with respect to vacation pay, it remains the case that vacation pay is a matter of contract and that employers can avoid many problems with careful...more

Key California Employment Law Cases: July 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more

Implement a Waiting Period for Paid Vacation in California? Yes You Can.

by Hinshaw & Culbertson LLP on

California employers know they must compensate any employee unused and vested vacation pay upon separation from employment. Once vacation is vested, the right to vacation pay cannot be forfeited. But what happens when...more

California Court Confirms that Vacation Accrual Can Be Restricted for New Employees

Employers seeking to limit the vacation accrual of new employees just received some welcome news. The California Court of Appeal reaffirmed that California law does not prohibit employers from imposing a waiting period...more

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

by Proskauer Rose LLP on

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

HSR and Interlocking Directorate Thresholds Announced for 2017

by Hogan Lovells on

On 19 January 2017, the Federal Trade Commission (FTC) released the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust...more

Changes to Section 3301(D) of the Pennsylvania Divorce Code

For many, many years, the plaintiff to a unilateral, no-fault divorce proceeding, as set forth under Section 3301(d) of the Pennsylvania Divorce Code, had to wait no less than two years before he or she could request the...more

New California Employment Laws 2016

by Morgan Lewis on

California’s 2016 legislative session ended, once again, with a flurry of activity in the legislature and by Governor Jerry Brown, resulting in numerous new laws requiring employer action. The end-of-session bills were not...more

Labor & Employment Law Under President-Elect Trump

by Stoel Rives LLP on

In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers? Trump has thus far given few details on his thoughts on labor and employment. But with...more

New state law will cut divorce wait time in half

by McNees Wallace & Nurick LLC on

The anxiety, acrimony and expense of a no-fault divorce may diminish after a new state law takes effect in December. Act 102, signed by Gov. Wolf earlier this month, rolls back the waiting period for a divorce from two...more

Senate Bill 667 Extends Claim Period Under State Disability Insurance Program

by Ervin Cohen & Jessup LLP on

Effective July 1, 2016, Senate Bill 667 extends from 2 weeks to 60 days the period of time that an employee can reopen a disability insurance claim without having a new 7 day consecutive day waiting period of wage loss. This...more

Traps for the Unwary: Does Your Employee Handbook Comply with the Affordable Care Act?

by Akerman LLP - HR Defense on

Do you think you’ve complied with the Affordable Care Act mandates? Before you answer yes, you’d best take a close look at your Employee Handbook – a minefield for mistakes....more

ValueAct Settlement Marks Record Penalty in Heightened Agency Efforts Against HSR Act Violations

Where is the line drawn between acquisitions of securities made “solely for the purpose of investment” on one hand, and influencing control, thereby requiring regulatory approval, on the other hand? That is the central...more

SEC Approves Changes To Reduce the Waiting Period for the Release of Information Reported on Form U5 Through BrokerCheck

Effective as of December 12, the Securities and Exchange Commission has approved a change to Financial Industry Regulatory Authority Rule 8312 (FINRA BrokerCheck Disclosure) to reduce the waiting period from 15 to three...more

Corporate and Financial Weekly Digest - Volume X, Issue 46

SEC/CORPORATE - Proxy Advisory Firms Release Policy Updates for 2016 - Institutional Shareholder Services (ISS) and Glass Lewis, two leading proxy advisory firms, recently published their 2016 proxy voting...more

Financial Services Weekly News - December 2015

by Goodwin on

Regulatory Developments - SEC Grants Exemption from Registration as a Clearing Agency to Two Matching Service Providers - On Nov. 24 the SEC approved applications by Bloomberg STP LLC and SS&C Technologies, Inc....more

Wait’s Over: IRS Says Waiting Time Penalties Aren’t Wages

by Seyfarth Shaw LLP on

We’ve long known that California law does not treat Labor Code Section 203 penalties as “wages.” Earlier this year, the IRS published its view on how to treat those penalties (often referred to as “waiting time penalties” or...more

Untying the knot: It’s time for Pennsylvania to cut the divorce waiting period

by McNees Wallace & Nurick LLC on

Maximizing the stability of marriage while minimizing the damage of divorce should be the goal of divorce law in Pennsylvania. Sadly, the intent is there, but the effect is not....more

Budget Legislation Repeals Affordable Care Act’s Automatic Enrollment Requirement for Large Employers

The Bipartisan Budget Act of 2015, Pub. L. No. 114-74, which was signed by President Obama on November 2, 2015, included a little-publicized provision that repealed the Affordable Care Act’s automatic enrollment requirement. ...more

SEC Provides Guidance on “General Solicitation” in C&DIs and No-Action Letter

On August 6, 2015, the Staff of the Securities and Exchange Commission’s (SEC) Division of Corporation Finance issued new compliance and disclosure interpretations (C&DI Questions 256.23 through 256.33) regarding the meaning...more

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