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Archive by tag: Sheppard Mullin Richter & Hampton LLPReturn

Second Circuit Holds That FLSA Settlements Pursuant To An Offer of Judgment Do Not Need Court Approval

On December 6, 2019, the Second Circuit issued a decision that will have a strong impact on the settlement of wage and hour actions under the Fair Labor Standards Act (FLSA). In Yu v. Hasaki Restaurant, Inc., the U.S. Court of Appeals for the Second...By: Sheppard Mullin Richter & Hampton LLP
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New Artificial Intelligence Law for Illinois Employers in January 2020

January 1, 2020, organizations that employ individuals based in Illinois will need to keep in mind the Artificial Intelligence Video Interview Act. This Act sets forth new requirements for video-recorded interviews using AI to analyze such...By: Sheppard Mullin Richter & Hampton LLP
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First Day on the Job and on Notice: When the Statute of Limitations Begins for Employer Background Checks

Employers began to rethink how they obtain authorization and retrieve background and credit checks for new employees after the Ninth Circuit’s decision in Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169, 1177 (9th Cir. 2019), as we’ve...By: Sheppard Mullin Richter & Hampton LLP
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Adventist - St. Joseph Merger: AG Concludes Merger is Not in the Public Interest

As we noted in our November 1, 2019 Healthcare Law Blog post, California Attorney General Xavier Becerra rejected the proposed merger between Adventist Health System/West and St. Joseph Health System (the “Proposed Merger”) in a denial letter issued...By: Sheppard Mullin Richter & Hampton LLP
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New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status

On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5..., codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204..., also affirms New Jersey...By: Sheppard Mullin Richter & Hampton LLP
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Stop the Camera! New Limits on Facial Recognition Technology for Interviews Take Effect in Illinois on January 1, 2020

Illinois’ first-of-its-kind legislation aimed at regulating the use of artificial intelligence in video interviews for Illinois-based positions goes into effect on January 1, 2020. The Artificial Intelligence Video Interview Act will make employers’...By: Sheppard Mullin Richter & Hampton LLP
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Who’s the Boss? The CFIUS “Control” Definition for Global Venture Capital Funds

My VC Fund has U.S. and non-U.S. General Partners, will I need to file CFIUS declarations for every investment I want to make in tech, in infrastructure, or in a company with customers’ personal data? This is a critical question at the fore of...By: Sheppard Mullin Richter & Hampton LLP
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Delaware Update: Court of Chancery Declines to Bind a Non-signatory Parent Corporation to Forum Selection Clause

In Neurvana Med., LLC v. Balt USA, LLC, No. 2019-0034-KSJM, 2019 Del. Ch. LEXIS 995 (Ch. Sep. 18, 2019), the Court of Chancery declined to exercise personal jurisdiction over Balt International, S.A.S. (“Balt International”), a company headquartered...By: Sheppard Mullin Richter & Hampton LLP
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California Appellate Court Clarifies the Monetary Amount for Meal Period, Rest Break, and Recovery Period Premiums, and Affirms an Employer’s Neutral Rounding Policy

On October 9, 2019, the Second Appellate District of the California Court of Appeal issued a decision clarifying the rate of pay at which an employer must pay meal period, rest break, and recovery period premiums. More specifically, the appellate...By: Sheppard Mullin Richter & Hampton LLP
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Merger of Adventist-St. Joseph Rejected by the California Attorney General

On October 31, 2019, the California Department of Justice (“DOJ”) issued a denial letter rejecting a proposed merger between Adventist Health System/West and St. Joseph Health System. The parties had submitted notices to the DOJ requesting approval...By: Sheppard Mullin Richter & Hampton LLP
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