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We found 1,062 results for "Employment Law Strategist"...

SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications
November 02, 2017
On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
The FLSA's Overtime Provisions
November 02, 2017
<b><i>Construing Them Broadly, But the Exemptions Narrowly</i></b><p>FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed broadly, and any of its exemptions narrowly. But this canon has a dubious foundation and tends to be applied inconsistently to justify a result.
The New Patent Venue Regime
November 02, 2017
Venue in patent cases lies "in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." Since 1990, the Federal Circuit interpreted the term "resides" coextensively with the general venue statute such that patent venue lay where the defendant was subject to personal jurisdiction. But this year, the Supreme Court greatly narrowed that definition in <i>TC Heartland v. Kraft Foods</i>. The Federal Circuit, in turn, interpreted the newly-relevant alternative phrase. After two decades of relaxed patent venue rules, these decisions work a seismic shift in patent litigation.
NY's Paid Family Leave Program
November 02, 2017
<b><i>Part Two of a Two-Part Article</i></b><p>Last month, the authors discussed the fact that New York State will have its own "Paid Family Leave Benefits Law," effective Jan 1, 2018. They noted the differences from the FMLA, and discussed insurance considerations. The discussion concludes herein.
Emergency Shutdowns and Employee Compensation
November 02, 2017
In the face of acute weather-related conditions or other emergencies, how do you pay your employees during emergency shutdowns? Here's all you have to know.
Overtime Rule Uncertainty
November 02, 2017
Companies have open questions about the fate of the Obama-era overtime regulations, despite a Texas federal court ruling nixing rules that would have doubled the salary threshold for workers eligible for time and half pay, and extended greater pay to millions of more workers.
Opt-Out Incentives: The Ins and Outs
October 02, 2017
As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage. But this raises potential problems under the Affordable Care Actas well as a number of other federal laws.
Securing Your Information-Rich Employee Benefit Plans
October 02, 2017
Hackers have turned to a new information-rich source: employee benefit plans. This article examines the threat facing benefit plans, explores the applicable legal landscape, and recommends steps to better equip plans to prepare for and manage data breaches.
The Equal Pay Act
October 02, 2017
With the trend among cities and states moving toward closing the gender wage equality gap, the question remains: What was the U.S. Court of Appeals for the Ninth Circuit thinking this April when it decided <I>Rizo v. Yovino?</I>
No Harassment, But Retaliation Claim Survives
October 02, 2017
Just as the adage is that "the coverup is worse than the crime," we know that in employment law, "the retaliation claim is more dangerous than the underlying discrimination." The latest example of this is in the recent decision of <I>Austin v. Bloomin' Brands, Inc.</I>.

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