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The Trump Administration Wants You to Know, Guidance is NOT Law!

Seyfarth Synopsis: Two new Executive Orders and a corresponding decision in the Supreme Court effectively limit how agencies can utilize guidance against private parties—the agency must rely only on guidance that is fully consistent with the...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Nov 01,2019 |

The Accidental Successor: Asset Buyers Must Take Care to Avoid Unintentionally Becoming a “Perfectly Clear Successor”

Asset Buyers, beware.  If the Seller has union-represented employees, and you intend to hire some or all of those employees and operate the assets as a union-free employer, take care to avoid becoming an accidental successor....By: Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner | Nov 01,2019 |

It’s About Time!: DOL’s Overtime Regulations Become Final

On September 24, 2019, the U.S. Department of Labor (DOL) announced its final rule updating the earnings thresholds necessary to exempt executive, administrative, and professional employees from the Fair Labor Standards Act’s (FLSA) minimum wage and...By: Orrick - Global Employment Law Group
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When a Final Release is not “Final”

In a recent opinion issued by the United States Court of Federal Claims, Meridian Engineering Company vs. The United States, a case argued by our firm, the Court ruled that a contract modification containing a release did not prevent the contractor...By: Cohen Seglias Pallas Greenhall & Furman PC
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Defence + Indemnity - October 2019: Case Summary: Sky Solar (Canada) Ltd v Economical Mutual Insurance Company

A contractor (as the Named Insured) hired by a developer (added as an Additional Insured) but only with respect to “liability arising out of the operations of the Named Insured”. The Ontario Superior Court held that the contractor was not covered for...By: Field Law
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Field Law | Nov 01,2019 |

An Employer's Deposition Disaster

Don't take "don't guess" too literally. One bit of very standard advice that all attorneys give to their clients before they testify in a deposition or in court is "Don't speculate." If you don't know something, don't try guessing at it....By: Constangy, Brooks, Smith & Prophete, LLP
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Court Reverses Award of COBRA Penalties

The Sixth Circuit Court of Appeals reversed a district court’s decision to award statutory penalties resulting from a late Consolidated Omnibus Budget Reconciliation Act (“COBRA”) election notice. In this case, the plaintiff/employee had coverage...By: Hodgson Russ LLP
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Hodgson Russ LLP | Nov 01,2019 |

Westchester County, NY Publishes Paid Safe Leave Guidance as Law Takes Effect

The Westchester County Human Rights Commission, the agency responsible for conducting public outreach for the Westchester County Safe Time Leave Law, published a host of information, including a copy of the law, a Notice of Employee Rights (the...By: Littler
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Littler | Nov 01,2019 |

National Employment Perspective: Focus On And Wage- Update to Overtime Exemption Regulation for Executive, Administrative and Professional Employees

For the first time in a number of years, overtime regulations under the Fair Labor Standards Act (FLSA) have been updated. This modest development increases the earning threshold necessary to exempt executive, administrative or professional employees...By: Shook, Hardy & Bacon L.L.P.
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Shook, Hardy & Bacon L.L.P. | Nov 01,2019 |

Emerging Technologies Washington Update - October 2019 #4

This Week: House Energy and Commerce Subcommittee holds hearing on reauthorizing the US SAFE WEB Act, New CRS report outlines issues in AV testing and deployment as lawmakers seek legislative compromise, California ballot measure seeks carveouts from...By: McGuireWoods Consulting
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McGuireWoods Consulting | Nov 01,2019 |
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