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Archive by tag: WilliamsReturn

Pennsylvania Supreme Court Rejects Fluctuating Workweek Pay Method

As previously reported, the U.S. Department of Labor (DOL) recently announced a proposed rule that clarified the fluctuating workweek method (FWW) under the Fair Labor Standards Act (FLSA). Now, just two weeks later, the Pennsylvania Supreme Court in...By: White and Williams LLP
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White and Williams LLP | Dec 05,2019 |

Applying Mighty Midgets, NY Court Awards Legal Expenses to Insureds Which Defeated Insurer’s Coverage Claims

Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or common law. In New York State, in Mighty Midgets,...By: White and Williams LLP
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White and Williams LLP | Nov 23,2019 |

Delaware Stockholders Need Only Present Reasonable Inference of Managerial Wrongdoing for Inspection of Company’s Records

Section 220 of the Delaware General Corporation Law affords stockholders a qualified right to inspect a corporation's books and records. A Section 220 inspection is a powerful stockholder right, and indeed, the Delaware Supreme Court has repeatedly...By: White and Williams LLP
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White and Williams LLP | Nov 22,2019 |

Oregon Upholds Meal-Break Compliance

On Thursday, November 14, 2019, the Oregon Court of Appeals released its decision in Maza v. Waterford Operations, LLC, 300 Or App 471 (2019), that clarified Oregon employers’ obligation to ensure that non-exempt employees take required meal breaks....By: Schwabe, Williamson & Wyatt PC
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US DOL Seeks to Clarify Fluctuating Workweek Pay Method

Under the current U.S. Department of Labor (DOL) regulations, if certain conditions are met, an employer may pay an employee who works fluctuating hours a fixed salary for all hours worked and then an additional half-time for all hours over 40–a...By: White and Williams LLP
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White and Williams LLP | Nov 13,2019 |

Culture Shock: When Two Culturally-Different Enterprises Combine

Client issues often arrive like schools of fish – rapidly and in huge numbers. Sometimes this is the result of external events such as tariffs, shifts in the credit market, constraints on supply or falling demand. But sometimes there are no external...By: White and Williams LLP
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White and Williams LLP | Nov 13,2019 |

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Penalty Assessment Related to Harriman, Tennessee Scrap Facility

The Tennessee Air Pollution Control Board (“TAPCB”) issued an October 24th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to PSC Metals, LLC (“PSC”). See Division of Air Pollution Case No. APC19-0139. The Order addresses a PSC...By: Mitchell, Williams, Selig, Gates & Woodyard,
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Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas Agricultural Project Application

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application requests authorization for the...By: Mitchell, Williams, Selig, Gates & Woodyard,
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2020 Benefit Limits

The Internal Revenue Service and Social Security Administration have announced the benefit plan and employment tax limits for 2020. Certain limitations will not change for 2020 because they are not subject to annual adjustments or because the...By: Schwabe, Williamson & Wyatt PC
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Stormwater Enforcement: Alabama Department of Environmental Management and Harvest, Alabama Residential Subdivision Contractor Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Campbell & Mance Resources, LLC (“CMR”) entered into a Consent Order addressing alleged violations of a National Pollution Discharge Elimination System (“NPDES”) General Construction...By: Mitchell, Williams, Selig, Gates & Woodyard,
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