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Archive by tag: LLPReturn

Supreme Court Set to Re-Evaluate Pleading Standards for Claims Alleging Breach of Fiduciary Duty of Prudence Under ERISA

On November 6, 2019, the Supreme Court will hear oral argument for Retirement Plans Committee of IBM v. Jander to expand on its “more harm than good” pleading standard articulated in Fifth Third Bancorp v. Dudenhoeffer. Both Dudenhoeffer and Jander...By: Foley Hoag LLP - White Collar Law &
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AB 51 – Arbitration Under Attack

On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements on their employees as a...By: Sheppard Mullin Richter & Hampton LLP
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Increase in Minimum Salary Threshold for FLSA EAP Exemptions

Effective January 1, 2020, the minimum salary threshold for the executive, administrative, and professional exemptions (EAP exemptions) under the Fair Labor Standards Act (FLSA) will increase from $455 a week ($23,660 annually) to $684 a week...By: Poyner Spruill LLP
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Poyner Spruill LLP | Oct 24,2019 |

NLRB Provides Section 7 Guidance to Employers Regarding Drafting of Arbitration Agreements

There is an ongoing tension between the National Labor Relations Board (the "Board") and employers who seek to expand the use of an arbitration forum to resolve employment disputes. The U.S. Supreme Court has continued to endorse the idea that...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Oct 24,2019 |

Non-Compete Agreements Continue to be Target of Legislation

It’s been a while since I talked about federal employment law legislation - in part because nothing ever seems to pass Congress nowadays. It wasn’t that long ago, that Congress passed the ADA Amendments Act (10+ years).  But it feels like a lot...By: Shipman & Goodwin LLP
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Shipman & Goodwin LLP | Oct 24,2019 |

Employers: New York’s SHIELD Act Imposes Data Security Requirements on Companies Outside of New York, Too

New York’s recently enacted Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) enhances data breach notification requirements and requires covered organizations to “develop, implement and maintain” a comprehensive data security program...By: White and Williams LLP
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White and Williams LLP | Oct 24,2019 |

Regular Rate Refresh: Calculating Overtime for California Employees

Seyfarth Synopsis: While paying employees in California is often a challenge, the regular rate of pay presents a minefield of different formulas for employers to navigate. From what amounts to include, to how the calculation should be performed,...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 24,2019 |

Connecting Housing and Transportation for Livable Cities

California Gov. Gavin Newsom sent a strong warning to cities and counties early this year: Meet your state housing goals or forfeit your Senate Bill 1, or “Gas Tax,” road repair dollars. Originally published in PublicCEO.com - Oct. 16, 2019....By: Best Best & Krieger LLP
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Best Best & Krieger LLP | Oct 24,2019 |

California Employers Granted a One-Year Reprieve on New Mandatory Sexual Harassment Training Deadline

If you are scrambling to comply with the new California sexual harassment training requirements, we have some good news: with some exceptions, employers have another year to put those plans in place. Under prior law, which took effect late last year,...By: Farella Braun + Martel LLP
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Farella Braun + Martel LLP | Oct 24,2019 |

Washington Appeals Court Rejects “Functional Equivalent” Test for Corporate Attorney-Client Privilege

A recent decision from Division II of the Washington Court of Appeals will significantly impact clients who contract with independent contractors and other non-employee agents....By: Davis Wright Tremaine LLP
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Davis Wright Tremaine LLP | Oct 24,2019 |
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