Littler Mendelson, P.C. • February 27, 2015
On Monday, the White House and the Department of Labor publicized efforts to target conflicts of interest in managing employee retirement funds. In essence, the Administration is promoting the DOL's much–beleaguered proposal to more broadly define who constitutes a “fiduciary” for the purposes of rendering investment advice under the Employee Retirement Income Security Act (ERISA). According to a White House fact sheet, the DOL will issue its proposed fiduciary rule in the coming months. Notably, the agency withdrew its initial fiduciary rule in 2011 after the proposal faced significant opposition from the employer community.
Fisher & Phillips LLP • February 27, 2015
Expectations are that the U.S. Labor Department's proposed regulations re-defining the federal Fair Labor Standards Act's executive, administrative, professional, outside-sales, and derivative exemptions will be released in the next few weeks, if not within days. As we have said, these provisions will probably include (i) a substantial increase in the minimum salary amount, and (ii) a significant narrowing of the duties-related requirements.
Franczek Radelet P.C • February 27, 2015
Last month, we debuted our series on wage and hour basics with a review of the white collar exemptions. As the Department of Labor gets ready to issue revised FLSA regulations, we will continue take a look at some of the more fundamental concepts of the FLSA. As always, remember that these are just the basics: the application of these rules to specific facts is where the rubber really meets the road for employers.
ManpowerGroup • February 27, 2015
Monthly educational webinar about the changing world of work.
Constangy, Brooks & Smith, LLP • February 27, 2015
Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court cases involving the workplace, followed by some points for discussion if you’d like to comment.
Phelps Dunbar LLP • February 27, 2015
One of the most valuable forms of intellectual property can be a company’s trade secrets. For many companies, particularly service-oriented businesses, trade secrets include confidential customer information, such as customer pricing, customer purchasing history, and identification of key decision makers within a customer’s organization. One challenge companies face is the vulnerability of its customer relationships whenever an employee, such as a salesperson, leaves to work for a competitor or to start up a rival business. Many laws are designed to protect employers in such situations. Depending on the circumstances, former employees may be susceptible to claims for breach of fiduciary duty, unfair competition, tortious interference with business relations, unjust enrichment, and misappropriation of trade secrets. Standing alone, however, these laws often fall short as a practical remedy for protecting employers from misappropriation of their trade secrets.
Jackson Lewis P.C. • February 27, 2015
Unless Congress approves funding for the Department of Homeland Security (DHS) before midnight on Friday, February 27, 2015, many operations at DHS will shut down, leaving affected employers with DHS contracts unable to allow their employees to continue to work under those contracts.
Littler Mendelson, P.C. • February 27, 2015
A new Executive Order (EO) that imposes new and onerous obligations and risks on federal contractors was the subject of a House joint subcommittee hearing on Thursday. The Subcommittee on Workforce Protections and the Subcommittee on Health, Employment, Labor, and Pensions heard testimony on the impact Executive Order 13673 will have on federal contractors and subcontractors.
Jackson Lewis P.C. • February 26, 2015
The U.S. Department of Labor has issued regulations expanding the Department’s definition of “spouse” under the Family and Medical Leave Act of 1993 (FMLA) so as to entitle eligible employees in legal same-sex marriages to take FMLA leave to care for their spouse or covered family member, regardless of where they live. The new regulations are effective March 27, 2015.
Goldberg Segalla LLP • February 26, 2015
The Family and Medical Leave Act (FMLA) provides that eligible employees of covered employers are entitled take unpaid, job-protected leave for specified family and medical reasons. On February 25, the United States Department of Labor (DOL) issued a Final Rule revising the definition of “spouse” under the FMLA to allow eligible employees in legal same-sex marriages to take FMLA-protected leave to care for their spouse or family member, regardless of where they live. The DOL asserts that the amendment will afford spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights.