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Weekly Update Newsletter - September 2019

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - Small Business Administration – SBA issued a rule extending the 504 Loan Program Rural Initiative Pilot Program (504 Rural Pilot) through September 30, 2021. The 504 Rural Pilot authorizes Certified...By: PilieroMazza PLLC
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PilieroMazza PLLC | Sep 05,2019 |

Not a Bad Place to Be: Fifth Circuit Addresses the “Highly Compensated” Exemption Under the FLSA

Sometimes employment laws can make the common person’s head spin. That certainly could be the case for a recent Fifth Circuit opinion examining the “highly compensated” regulatory exemption from the overtime requirements of the FLSA....By: Bradley Arant Boult Cummings LLP
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“Click to Accept” Arbitration: A Cautionary Tale

A recent federal court decision reminds employers that an employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate. In Shockley v. PrimeLending, the U.S. Court of...By: Stokes Wagner
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Stokes Wagner | Sep 05,2019 |

The Bubbler – We’ll Wake You Up When September Ends

We know August was exhausting for employers – New York, New Jersey, Maine, Colorado, and yes, even Alabama – all kept you on your toes with new and updated employment legislation that represents an array of new compliance obligations. These new...By: Mintz - Employment, Labor & Benefits
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How Dependent Must a Dependent Contractor Be?

The distinction between employees, independent contractors, and dependent contractors is a well-established part of Canadian employment law. But where to draw the line between independent contractors and dependent contractors in any given...By: Field Law
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Field Law | Sep 05,2019 |

Federal Court Certifies Class in Multiple-Plan ERISA Challenge to Health-Plan and Retirement-Plan Fees

A Texas federal court certified a class in an ERISA action brought by participants in one plan, but alleging class claims on behalf of participants in many different plans sponsored by different, unaffiliated employers. See Chavez, et al. v. Plan...By: McDermott Will & Emery
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McDermott Will & Emery | Sep 05,2019 |

AB 5: When Legislators and Lobbyists Collide

What happens when legislative efforts are met with focused pressure from a variety of industries, civic groups and professional lobbyists? Witness pending Assembly Bill 5, a hopelessly confusing mixture rules and exceptions to rules which layers test...By: Ervin Cohen & Jessup LLP
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Ervin Cohen & Jessup LLP | Sep 05,2019 |

WPI State of the States – Hot Topics During the Summer Cool-Down

Students across the country are heading back to school, but most state legislatures are either in recess or have adjourned for 2019. States that were still in session in August did advance several significant bills, while the action in California is...By: Littler
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Littler | Sep 05,2019 |

Employee’s Failure to Cooperate Deemed Fatal to Disability Pregnancy Claims

The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in Liro v. Inspira Medical...By: Genova Burns LLC
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Genova Burns LLC | Sep 05,2019 |

An Additional Barrier in Performing TAMA 38 Projects

The Real Estate Law (Reinforcement of Condominiums against Earthquakes) 5768-2008 (the “Reinforcement Law”) provides that in order to perform a TAMA 38 plan on a building under the “demolish and build” track, a majority of 80% of residents is...By: Barnea Jaffa Lande & Co.
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Barnea Jaffa Lande & Co. | Sep 05,2019 |
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