Arizona's New Paid Sick Leave Law
October 02, 2017
As of July 1, 2017 all employers in Arizona are now required to provide employees with paid sick leave as directed by a new law, the Fair Wages and Healthy Families Act. The law dictates how employers must implement the new rules — from when the benefits begin to accrue to when they pay out, and what fines will be imposed for non-compliance.
Opt-Out Incentives: The Ins and Outs
October 02, 2017
As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage.
Update: Stage Now Set for DOL to Adopt More Modest Salary Level for Overtime Exemptions
October 02, 2017
In his final ruling, Judge Mazzant clarified that he was not questioning the DOL's authority to adopt a salary level test as part of the overtime exemptions. Rather, Judge Mazzant explained that the Obama-era DOL had gone too far in adopting a salary level so high as to become the "de-facto" test for meeting the overtime exemptions.
Delaware Dethroned
October 02, 2017
<b><i>South Dakota Now Top Corporate Lawsuit Venue</b></i><p>South Dakota has replaced Delaware as the No. 1 choice of in-house counsel and business executives for handling corporate lawsuits, according to a new report from the U.S. Chamber of Commerce's Institute for Legal Reform.
Federal Judge Rules on the Overtime Salary Rule
September 02, 2017
Judge Mazzant issued a final ruling striking down the overtime rule. The Texas Federal Judge used essentially the same reasoning on which he based his temporary injunction ruling. In light of this final decision, the appeal of his temporary injunction likely becomes moot.
Delaware Corporate Law and Chancery Review
September 02, 2017
<b><I>Key Decisions from DE's Supreme Court and Court of Chancery</I></b><p>A few recent decisions from the Delaware Court of Chancery provide practical guidance for corporate executives regarding the standard of review that the courts will apply to challenges to executive compensation decisions.
Reflections on <b><I>Kokesh v. SEC</I></b>
September 02, 2017
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>The <I>Kokesh</I> decision raises potential consequences that move beyond the realm of SEC enforcement. They are discussed in depth in this article.
The Equal Pay Act
September 02, 2017
In 2017, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. But the Ninth Circuit recently affirmed a 35-year-old decision at a time when the rest of the country is moving to bridge the gender wage equality gap.
NY's Paid Family Leave Program
September 02, 2017
<b><I>What Employers Need to Know</I></b><p>Effective Jan. 1, 2018, New York State will have its own "Paid Family Leave Benefits Law." Since the payroll deductions supporting the Law began July 1, 2017, it is not too early to begin reviewing your employer obligations.
Automatic Legal Holds Becoming the Norm
September 02, 2017
While they are a prime responsibility for attorneys facing litigation or regulatory investigations, legal holds are not always executed as effectively as they should be. For many, it is a problem of managing data in multiple locations; for others, it's the challenge of having unreliable data custodians.
