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After engaging in the rulemaking process and considering over 270,000 public comments, on May 18, 2016, the U.S. Department of Labor (DOL) announced that it will publish a Final Rule to update the regulations governing the exemption of executive, administrative, and professional employees (collectively, “Exempt Employees”) from the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA). Employers are moving quickly to evaluate their compensation programs in light of the new rule, but in their haste to comply, should take note that they may use nondiscretionary bonuses and incentive payments to satisfy up to 10% of the new standard salary level.
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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 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.
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.
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.
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.