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Upcoming FLSA Changes: What You Need To Know
President Barack Obama recently issued a memorandum to the United States Secretary of Labor directing the Department of Labor (DOL) to propose revisions to modernize and streamline existing overtime regulations under the Fair Labor Standards Act (FLSA). Employers and employment law practitioners are now analyzing what changes are likely to be proposed, and evaluating how those changes might impact the workplace and employment litigation. The changes will likely have a significant impact on employers and their overtime obligations.
Salary Threshold
President Obama issued a “Fact Sheet” at the same time that he directed the DOL to propose revisions to the FLSA regulations. The Fact Sheet provides clues as to the ultimate direction the President wishes the DOL to take in revising those regulations. In particular, the Fact Sheet focuses on the minimum salary threshold that employers must pay to employees in order for them to qualify for one or more of the so-called “white-collar” FLSA exemptions (the administrative exemption, professional exemption, executive exemption, and related exemptions). The current minimum salary threshold for the white-collar exemptions, $455 per week, was last raised during the Bush administration, in 2004. (Prior to that point, the minimum salary threshold had not been modified since 1975, when it was set at $250 per week.) As noted in the White House Fact Sheet, the current $455 minimum weekly salary is below the 2014 poverty line for workers supporting a family of four. At a time when the Obama administration is pushing an increase in the minimum wage for “non-exempt” hourly employees, this minimum salary threshold for exempt professionals is obviously problematic.
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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?