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Important Issues and Recent Developments in Wage and Hour Law
Although it was enacted over 75 years ago, the Fair Labor Standards Act (FLSA) still serves the two primary purposes it had when it was enacted: It requires employers to pay employees a minimum wage, and it requires employers to pay employees whose job duties do not place them within any exemption from overtime compensation at a rate of one-and-a-half times their regular rate of pay for hours worked over 40 in a single workweek. Of course, like most federal employment laws, exceptions, clarifications and confusion abound.
Few employers truly understand the FLSA's technical requirements, and even fewer grasp the broad exposure these comprehensive regulations create. Indeed, the Department of Labor (DOL) estimates that only 20%-40% of employers are in complete compliance. FLSA violations can be costly, and wage and hour litigation has rapidly expanded in recent years and continues to build momentum.
This article examines important legal and political developments affecting the FLSA and how they develop into the most commonly litigated employment claims in American federal courts.
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?