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FLSA Litigation
August 01, 2016
Recently, several federal district courts and circuit courts of appeals have rendered decisions uncharacteristically protective ' or, some have argued, paternalistic ' toward plaintiffs in Fair Labor Standards Act (FLSA) cases.
EEOC Issues Proposed Guidance on Retaliation Claims
August 01, 2016
The EEOC is almost ready to issue its guidance on retaliation claims. Given the magnitude of these claims, such guidance is overdue. Here's what to expect.
The First Five Years of the SEC Whistleblower Program
August 01, 2016
We mark the fifth anniversary of the Whistleblower program with this two-part retrospective. This month, we take a broad look at how the program intakes tips from Whistleblowers and what the SEC does with them. Next month, we will look more closely at the program's track record in issuing awards.
NJ Businesses Are Vulnerable to Unionization
July 01, 2016
Although private-sector union membership in the United States is near its all-time low at just under 7%, recent actions by the NLRB and DOL make New Jersey businesses vulnerable to unionization now more than ever.
Should Bankruptcy Professionals Be Compensated for Defending Their Fee Applications?
July 01, 2016
The ability of bankruptcy estate professionals to obtain payment for defending their fee applications has been severely curtailed with the United States Supreme Court's decision of <I>Baker Botts L.L.P. v. ASARCO LLC.</I> But such a limitation is inappropriate.
The Rise of Paid Sick Leave Mandates at the State and Local Level and Their Effect on Employers
July 01, 2016
To help employers understand what they are facing when it comes to paid sick leave laws, this article outlines how most of the paid sick leave provisions operate, addresses some common compliance pitfalls, and provides advice on compliance and future planning for all employers.
Case Notes
July 01, 2016
EEOC Files Landmark Sexual Orientation Discrimination Charges
DOL Overtime Rule
July 01, 2016
The U.S. DOL announced that it will publish a Final Rule to update the regulations governing the exemption of executive, administrative, and professional employees from the minimum wage and overtime pay protections of the FLSA. Employers should take note that they may use nondiscretionary bonuses and incentive payments to satisfy up to 10% of the new standard salary level.
Should You 'ERISA-fy' Your Severance Plan?
June 01, 2016
Employers with severance plans need to know whether or not their plans are subject to the Employee Retirement Income Security Act of 1974 (ERISA). And if the employer finds that they are not, it may wish to consider amending the plans to bring them under ERISA.
Workers' Compensation Fraud
June 01, 2016
Analysis of a case out of Pennsylvania.

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