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  • Federal Judge Rules on the Overtime Salary Rule

    September 02, 2017 |

    Judge Mazzant issued a final ruling striking down the overtime rule. The Texas Federal Judge used essentially the same reasoning on which he based his temporary injunction ruling. In light of this final decision, the appeal of his temporary injunction likely becomes moot.

  • 'Overtime Salary Rule' Not Dead, But to Be Revised

    September 02, 2017 |

    The attention-grabbing "overtime salary rule" announced in spring 2016 by President Obama's Department of Labor (DOL) is not completely dead, but any survival likely will be at lower salary levels. Businesses should anticipate the announcement of a new, similarly crafted salary level rule, but with

  • Automatic Legal Holds Becoming the Norm

    September 02, 2017 |

    While they are a prime responsibility for attorneys facing litigation or regulatory investigations, legal holds are not always executed as effectively as they should be. For many, it is a problem of managing data in multiple locations; for others, it's the challenge of having unreliable data custodi

  • NY's Paid Family Leave Program

    September 02, 2017 |

    What Employers Need to Know

    Effective Jan. 1, 2018, New York State will have its own "Paid Family Leave Benefits Law." Since the payroll deductions supporting the Law began July 1, 2017, it is not too early to begin reviewing your employer obligations.

  • Reflections on Kokesh v. SEC

    September 02, 2017 |

    Potential Ramifications of SEC Disgorgement Being a Penalty

    Part Two of a Two-Part Article

    The Kokesh decision raises potential consequences that move beyond the realm of SEC enforcement. They are discussed in depth in this article.

  • The Equal Pay Act

    September 02, 2017 |

    In 2017, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. But the Ninth Circuit recently affirmed a 35-year-old decision at a time when the rest of the country is moving to bridge the gender wage equality

  • Delaware Corporate Law and Chancery Review

    September 02, 2017 |

    Key Decisions from DE's Supreme Court and Court of Chancery

    A few recent decisions from the Delaware Court of Chancery provide practical guidance for corporate executives regarding the standard of review that the courts will apply to challenges to executive compensation decisions.

  • Reflections on Kokesh v. SEC

    August 02, 2017 |

    Potential Ramifications of SEC Disgorgement Being a Penalty

    Part One of a Two-Part Article

    In reference to Kokesh, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we descri

  • Differing State Laws on Restrictive Covenants

    August 02, 2017 |

    Employers, Beware!

    The law on restrictive covenants varies significantly from state to state, and is governed by the common law, statutes, or a combination of both. Drafting an effective and enforceable restrictive covenant is essential to protecting your interests as an employer as

  • Website Accessibility: The Law and Your Business Priorities

    August 02, 2017 |

    Many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA). Alt