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New Year Brings New Opinion Letters From DOL’s Wage and Hour Division

On January 7, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued three opinion letters, two of which concerned the Fair Labor Standards Act (FLSA). (The other dealt with the Family and Medical Leave Act of 1993.) These opinion...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Channel Reinforces that Akorn is the Ceiling not the Floor for MAE Terminations

2018’s landmark decision Akorn, Inc. v. Fresenius Kabi AG marked the first time that the Chancery Court upheld a buyer’s use of a Material Adverse Effect (MAE) clause to terminate a merger agreement. However, the Court’s reasoning in the case...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Jan 14,2020 |

Trump Administration Proposes New Guidelines for Implementing the National Environmental Policy Act

For the first time in over forty years, the White House Council on Environmental Quality (the “CEQ”) is proposing to revise the National Environmental Policy Act (“NEPA”) regulations. On January 9, 2020, the Trump Administration and the CEQ...By: Benesch
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Benesch | Jan 14,2020 |

Keeping It Regular: DOL Issues Rule Clarifying Regular Pay Rate

The Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay nonexempt employees overtime pay...By: Bradley Arant Boult Cummings LLP
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Reminder to Perform Annual ISO/ESPP Reporting in January 2020

As discussed in our December 16, 2010 blog article, the IRS issued final regulations in 2009 under Section 6039 of the Internal Revenue Code (the “Code”) that require employers to annually furnish each employee who exercised incentive stock options...By: Sheppard Mullin Richter & Hampton LLP
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Virginia Employment Law Changes: Looking Back at 2019 and Ahead at 2020

As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the Commonwealth of Virginia in 2019, as well as...By: Hogan Lovells
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Hogan Lovells | Jan 14,2020 |

NY Governor Aims To Expand Workplace Laws In 2020

After a busy 2019 of expanding workplace protections in New York, Governor Cuomo just issued his 2020 State of the State to lay out his priorities for the coming year. And it should come as no surprise that several of the policy proposals announced...By: Fisher Phillips
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Fisher Phillips | Jan 14,2020 |

OSHA Collecting Final Input as it Considers Rule on Occupational Exposure to Beryllium in the Construction and Shipyard Industries

On October 8, 2019, the Occupational Safety and Health Administration (OSHA) issued a new Notice of Proposed Rulemaking on Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, 84 Fed. Reg. 53902 (Oct. 8,...By: Littler
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Littler | Jan 14,2020 |

New expansion and clarification of Foreign Direct Investments control regime in France

Further to the Decree of 29 November 2018, which expanded the list of strategic sectors, and to the so-called « PACTE » law of 22 May 2019, which strengthened the enforcement powers of French authorities with respect to the review of foreign direct...By: White & Case LLP
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White & Case LLP | Jan 14,2020 |

California State Court Agrees With Motor Carriers’ Preemption Challenge To AB 5

Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal Aviation Administration...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Jan 13,2020 |
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