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FLSA: New Supreme Court Ruling
In its first employment-related decision of this term, the U.S. Supreme Court held in IBP, Inc. v. Alvarez that the time food-processing workers spend walking between changing and production areas is compensable under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act. IBP, Inc. v. Alvarez, 2005 WL 2978311 (U.S., Nov. 8). The Court's ruling disposed of appeals from both the Ninth and First Circuits (see IBP Inc. v. Alvarez, 339 F.3d 894 (9th Cir. 2003) and Tum v. Barber Foods Inc., 360 F.3d 274 (1st Cir. 2004)).
Split Among Circuit Courts
This decision resolves a split among the circuit courts. Previously, the Ninth Circuit held in Alvarez that workers at a meatpacking plant had to be paid from the moment they began putting on safety gear required for their jobs until they took off the gear. The petitioner in Alvarez, a large producer of fresh beef and pork, asked that the Supreme Court overturn the Court of Appeals decision holding that the time spent by its production workers in walking between locker rooms and the production floor before and after their assigned shifts in order to don and doff protective gear is not excluded from the scope of the FLSA under the Portal-to-Portal Act.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?