Legal News

On September 24, 2019, the DOL announced new rules regarding the salary requirement for exempt employees under the FLSA. The DOL stated that the new rules would make 1.3 million American workers eligible for overtime compensation....By: Eversheds Sutherland (US) LLP

In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other pronouncements. In...By: Eversheds Sutherland (US) LLP

The Committee on Foreign Investment in the United States (“CFIUS”) has now released for public comment its long awaited proposed regulations (“Proposed Regulations”) to implement the landmark Foreign Investment Risk Review Modernization Act of 2018...By: Eversheds Sutherland (US) LLP

In Gainesville Mechanical, Inc. v. Air Data, Inc., --- S.E.2d ---- (June 19, 2019), the Georgia Court of Appeals affirmed an arbitration award of modified total cost damages under a theory of cardinal change. Subcontractor Gainesville Mechanical...By: Eversheds Sutherland (US) LLP

On July 17, the IRS issued Notice 2019-45 (the Notice), expanding the concept of preventive care to certain services and items that target specific chronic conditions, such as testing strips and insulin for diabetes. As high-deductible health plans...By: Eversheds Sutherland (US) LLP

The principal regulators of US employee benefits have recently published updates to their guidance plans for the coming months. On May 22, 2019, the US Department of Labor (DOL) published its Semi-Annual Regulatory Agenda, stating the...By: Eversheds Sutherland (US) LLP

On June 4, 2019, Texas Governor Greg Abbott signed into law Texas Senate Bill (SB) 1211, which amends § 39.158 of the Texas Public Utility Regulatory Act (PURA) relating to prior approval of certain transactions by the Public Utility Commission of...By: Eversheds Sutherland (US) LLP

On June 20, 2019, the Court of Federal Claims released its opinions in the consolidated cases of California Ridge Energy, LLC v. U.S., C/A 1:14-cv-00250-RHH, and Bishop Hill Energy, LLC v. U.S., C/A 1:14-cv-00251-RHH. The taxpayers in those cases...By: Eversheds Sutherland (US) LLP

In order to support the District of Columbia’s new Universal Paid Leave Act (the Act), covered employers will be required to contribute to the Universal Paid Leave Implementation Fund (the Fund), by way of a payroll tax of 0.62 percent of the annual...By: Eversheds Sutherland (US) LLP