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DOL Places Further Limits on Fluctuating Workweek Method of Payment
The fluctuating workweek method of payment has the potential to save employers money. It allows an employer, under certain circumstances, to pay a non-exempt employee a fixed salary for an agreed-upon number of hours, and half-time for hours worked over 40 in a workweek. However, on April 5, 2011, the U.S. Department of Labor (DOL) published a final rule, which took effect on May 5, 2011, that it claims has the effect of establishing that employers cannot pay bonuses and non-overtime premiums (e.g., attendance or safety bonuses, shift differentials for working undesirable hours, etc.) to employees being compensated under the fluctuating workweek method of payment. Nevertheless, the DOL made no substantive changes to the regulation at issue, and its position is merely stated in the preamble to the final rule. Moreover, the DOL based this position, at least in part, on its own interpretation of Supreme Court precedent, which is not necessarily binding on courts.
The Fluctuating Workweek Method
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.