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Archive by tag: DickinsonReturn

Recent Director and Executive Compensation Lawsuits Heighten Need for Robust Corporate Governance

Over the past two years, there has been an uptick in the number of lawsuits challenging director and executive compensation. Cases such asIn Re: Investors Bancorp, Stein v. Blankfein, Hertz v. Frissora and, most recently, Tornetta v. Musk are setting...By: Womble Bond Dickinson
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Womble Bond Dickinson | Oct 23,2019 |

DOL Issues Proposed Rule for Tipped Employees

Working to clarify the jumbled mess of FLSA tipped worker regulations, on October 8, 2019, the Department of Labor announced a proposed rule that incorporates recent court rulings and statutory changes to the FLSA. The FLSA allows employers to take...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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Pay Attention to Requests for ERISA Plan Documents or Risk the Con$equence$

Every so often an employer sponsoring an ERISA employee benefit plan will receive a written request from a participant or beneficiary (or their legal counsel) to provide plan related documents....By: Dickinson Wright
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Dickinson Wright | Oct 21,2019 |

Recent Changes to the H-1B Specialty Worker Program

Labor Condition Applications must be filed under the new DOL’S FLAG System - As part of the U.S. Department of Labor’s (“USDOL”) technology modernization initiative, the FLAG System (Foreign Labor Application Gateway) was developed to replace the...By: Dickinson Wright
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Dickinson Wright | Oct 14,2019 |

Michigan Court of Appeals Holds that Violating Code of Ethics a Legitimate, Non-Discriminatory Reason for Termination

On July 23, 2019, the Michigan Court of Appeals affirmed dismissal of an age-discrimination complaint against a bank where the bank’s internal investigation revealed that the plaintiff violated its code-of-ethics policy....By: Dickinson Wright
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Dickinson Wright | Oct 14,2019 |

Federal Court Holds Cannabis Businesses are Subject to Federal Wage Laws

In Kenney v. Helix TCS, Inc. No. 18-1105 (10th Cir. Sept. 20, 2019), the 10th Circuit Court of Appeals held that employers in the cannabis industry must abide by the wage/hour requirements of the Fair Labor Standards Act (FLSA) despite that cannabis...By: Dickinson Wright
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Dickinson Wright | Oct 11,2019 |

DOL Announces Results of the Payroll Audit Determination Program (PAID)

In a press release dated September 26, 2019, the DOL Wage and Hour Division announced that since implementing its PAID Program in April of 2018, it has completed 74 cases, with back wage findings of $4,131,238 found due to 7429 employees. Under the...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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The Sixth Circuit Reaffirms the “Less Burdensome” Standard for Adverse Actions in Retaliation Claims and Upholds Punitive Damages Against Employer

In a decision designated for publication, the United States Court of Appeals for the Sixth Circuit issued an order reaffirming the “less burdensome” standard for “material adverse actions” in retaliation claims and upheld punitive damages against the...By: Dickinson Wright
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Dickinson Wright | Oct 02,2019 |

DOL Issues Final Overtime Rule Increasing the White-Collar Employee Salary Threshold. Employers Have Until January 1, 2020 to Change Payroll Practices.

30 FAQs about the New Rule - The Department of Labor (“DOL”) unveiled the final version of its overtime exemption rule (the “Rule”), which sets the annual salary threshold for exempt employees to qualify for the Fair Labor Standards Act’s (“FLSA”)...By: Dickinson Wright
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Dickinson Wright | Oct 01,2019 |

At Last: DOL Announces Final Rule on Salary Threshold for White Collar FLSA Exemptions

On Tuesday September 24, 2019, the DOL announced its latest attempt to raise the minimum salary required for application of the so-called EAP exemptions for executive, administrative and professional employees under the FLSA. Earlier this year, the...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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