On April 2, 2018, the United States Supreme Court in Encino Motor Cars, LLC v. Navarro, Justice Thomas writing for the majority, held that car dealership “service advisors” are “salesm[e]n… primarily engaged in… servicing automobiles” and therefore are exempt from the FLSA’s overtime requirements under 29 U.S.C. § 213(b)(10)(A) ...
As with every year, the 2018 legislative session will impact education in West Virginia in a variety of ways. Today, we want to bring to your attention two bills that will make minor – but important – changes in the way schools operate, both of which were signed by the governor last week. The first is Senate Bill 244, related to possession of deadly weapons on school grounds or at school activities ...
The Employment Insurance System Act 2017 (“EIS Act”) came into effect on 1 January 2018. For the first time in Malaysia some form of unemployment benefits are provided for private employees. Previously, employees who were terminated or retrenched did not receive any benefits during the period they were unemployed ...
As of recently, state aid control is a part of theMontenegrin Competition Agency's (the "Agency") scope of authority ...
Now that the Ministry of Human Resources and Emiratisation has issued the new regulations addressing part-time employment, let us take a closer look at what this means. The new measure is Ministerial Resolution 31 of 2018. It does not address part-time work as such, but rather part-time work for someone other than the employee’s regular employer. Before this new measure was promulgated, the Labour Law accommodated part-time work for an employee working for only a single employer ...
Violating California's Occupational Safety and Health Act May Lead to Civil Penalties On February 8, 2018, the California Supreme Court unanimously ruled that local prosecutors could pursue civil penalties against employers for violating workplace safety standards under California's unfair competition law and fair advertising law, despite the employer's federal preemption challenges. Solus Indus. Innovations, LLC, 228 Cal. Rptr. 3d 406 (2018) ...
Parties to a contract can give the right to enforce an obligation in the contract to a third party. For example, they are very often used where a large business enters into a contract with a supplier and wants its group companies to be able to enforce the contract. In England, this is governed by the Contracts (Rights of Third Parties) Act 1999. In Scotland, the legal recognition for this has been a common law principle, jus quaesitum tertio ...
This article provides a brief review of MSHA enforcement data and a look at MSHA’s regulatory agenda. MSHA Enforcement Data (data from January 1, 2017 to December 31, 2017) MSHA issued 104,412 enforcement actions to mine operators in 2017, an increase of approximately 11,793 or 11.3 percent from 2016. Of these, 58,083 (or 55.63 percent) were issued to metal/nonmetal operators while 46,329 (or 44.37 percent) were issued to coal operators ...
New rules will apply to disability benefit claims and appeals under certain plans that are subject to the Employee Retirement Income Security Act of 1974 (ERISA), effective for claims made after April 1, 2018. According to the Department of Labor (DOL), the new rules are intended to provide greater protection to claimants, and are modeled on the enhanced claims and appeals procedures that apply to health benefit claims under the Affordable Care Act (ACA) ...
On March 1, 2018, at the American Bar Association’s National Institute on White Collar Crime, top Department of Justice (DOJ) officials signaled expansion of DOJ’s self-disclosure policy to non-Foreign Corrupt Practices Act (FCPA) cases ...
Alvarado v. Dart Container Corporation, Case No. S232607 (Cal. Sup. Ct, March 5, 2018) On March 5, 2018, the California Supreme Court issued its long awaited overtime calculation decision in Alvarado v. Dart Container Corporation, Case No. S232607 (March 5, 2018). The specific question before the Court was "how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period ...
On January 8, 2018, the California Court of Appeal for Division 4 of the First Appellate District issued a decision in Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association (“Alameda”). The outcome in Alameda results in conflicting decisions in California appellate courts on the appropriate “vested rights” analysis where pension rights are being reduced or eliminated for existing employees ...
Alvarado v. Dart Container Corporation, Case No. S232607 (Cal. Sup. Ct, March 5, 2018) On March 5, 2018, the California Supreme Court issued its long awaited overtime calculation decision in Alvarado v. Dart Container Corporation, Case No. S232607 (March 5, 2018). The specific question before the Court was "how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period ...
Last week, United States Attorney General Sessions announced the creation of the Department of Justice Prescription Interdiction & Litigation (PIL) Task Force to combat the prescription opioid crisis. According to the Department of Justice (Justice), the PIL Task Force will rely on “all available criminal and civil enforcement tools” to hold those at “at every level of the [opioid] distribution system” accountable for unlawful conduct ...
In West Virginia, we are approaching another Personnel Season (for Personnel Season deadlines for the 2017-2018 school year, click here). We are often asked about the listing of individual employee names on county board of education agendas ...
If your company has not reviewed its compensation systems to ensure pay equity for female employees, now is the time to do so. In the fall of 2017, the Equal Employment Opportunity Commission (EEOC) released its 2018-2021 Strategic Plan announcing pay equity would be one of its six major priorities. Since then, four high-profile settlements have demonstrated the EEOC will be vigorously enforcing the Equal Pay Act and Title VII to ensure wage equality. First, in EEOC v ...
The California Division of Occupational Safety and Health (Cal/OSHA) held an advisory meeting in January to solicit input and comments on their proposed draft rules for workplace violence prevention that would apply to nearly all California employers. Passage of these standards would make California the first state to issue workplace violence rules which would surpass federal protections ...
Earlier this year the European Commission published a draft Withdrawal Brexit Agreement. It is a draft treaty to embody the key principles from the Joint Report of the Commission and the UK on the first three elements of the Brexit negotiations (i.e., People, Ireland and Money - the "PIM" Phase). The draft Agreement sets out a roadmap for the EU's vision of the withdrawal process.This is a negotiating move by the EU - it is not an agreed draft. It is a move by the EU in the Brexit chess match ...
A new appellate court ruling will permit workers in parts of the northeastern United States to bring forward federal law claims of workplace discrimination based on sexual orientation ...
The #MeToo and #TimesUp movements have created a national dialogue about the prevalence of sexual harassment in the workplace, and legislators are responding with new legislation aimed at preventing the secret settlement or arbitration of claims ...
On Wednesday, February 21, 2018, the United States Supreme Court adopted a narrow definition of “whistleblower” in retaliation cases arising under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank), concluding the anti-retaliation provisions of Dodd-Frank only apply to employees who report claims of wrongdoing to the Securities and Exchange Commission (SEC), not to employees who report internally. In Digital Realty Trust, Inc. v ...
Yesterday, the U.S. Supreme Court significantly narrowed the scope of the Dodd-Frank Act's anti-retaliation measures. The decision resolved a split in authority by excluding from Dodd-Frank's whistleblower protections those persons reporting suspected violations only within their companies. In reversing the Ninth Circuit, the Court held that "Dodd-Frank's anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the SEC ...
READ: SEC Enforcement Division Announcement On February 12, 2018, the SEC Division of Enforcement announced the Share Class Selection Disclosure Initiative self-reporting initiative (the SCSD Initiative) ...
The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) has announced its 2018 examination priorities. The 2018 priorities provide insight into what activities OCIE believes present the highest risks to investors and, as such, what the examiners will be highlighting during their examinations of registered entities this year ...
