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The Growth in Wage-and-Hour Claims
Much of the recent talk in the mainstream press has been about the Employee Free Choice Act, which would modify union organizing rules, and the Lily Ledbetter Fair Pay Act and the Paycheck Fairness Act, which target gender discrimination laws. However, employers big and small are aware of another recent trend in employment law, and one that has had a far bigger effect than any of these laws are likely to have. This is the Depression-era Fair Labor Standards Act, passed back in 1938.
Most employers know the FLSA as the federal law that requires the payment of minimum wages and overtime to certain workers. This is true. However, the exact requirements of this law are complex, and, hence, the source of the increase in litigation. The number and dollar value of FLSA claims and settlements have jumped enormously in recent years ' it has been reported that FLSA claims have increased over 50% just since 2006.
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.
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.
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.
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.
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.