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Overtime Pay Morass: FLSA Overhaul to Take Effect on Dec. 1
For most corporations, there are significant financial consequences at stake when classifying which employees are required to be paid overtime compensation and which are “exempt” under applicable guidelines, specifically pursuant to the Fair Labor Standards Act (FLSA). The new Department of Labor (DOL) regulations that will take effect on Dec. 1, 2016 (2016 Final Rule) (81 FR 32391, 29 CFR Part 541) do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified. See http://federalregister.gov/a/2016-11754. Moreover, the changes that were enacted are hotly contested and will be expensive to many employers.
Lawsuits
Already, 21 states and various trade groups have sued the DOL over these regulations to attempt to block their implementation. Moreover, as the typical work-day becomes less structured, more virtual and non-traditional, the differentiation of normal working hours as compared with so-called “extra time work” will become much harder to discern. The DOL presently estimates that 80% of all companies do not comply with the FLSA. As jobs get more complex and less tied to traditional brick and mortar enterprises, that number is more likely to increase rather than decrease, and compliance is likely to come at a steep price.
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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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.