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ten most recent state employment law articles Ten Most Recent State Law Articles

What Do the Obama Administration’s Overtime Regulations Mean for California Employers?

Ogletree Deakins • May 24, 2016
On May 18, 2016, the U.S. Department of Labor (DOL) released its long-anticipated revisions to the federal overtime regulations governing the so-called white-collar exemptions to the federal Fair Labor Standards Act (FLSA). Most notably, the revisions more than double the minimum salary threshold needed to qualify for the executive, administrative, and professional exemptions. The revised regulations also make other significant changes to the amounts that must be paid, including allowing employers to count nondiscretionary bonuses and commissions to satisfy a portion of the salary threshold, scheduling automatic adjustments to the salary threshold every three years, and increasing the annual salary threshold for the “highly compensated employee” exemption. Fortunately, the new regulations do not make changes to the duties tests for the white-collar exemptions. The new regulations will go into effect on December 1, 2016.

New Jersey Bills Would Burden Employers with Scheduling and Pay Rules

Ogletree Deakins • May 24, 2016
Both the New Jersey General Assembly (A1117, reported out of committee on April 4) and Senate (S1397, introduced on February 11, 2016) have introduced bills to enact the “New Jersey Schedules That Work Act,” a law that would dramatically curtail New Jersey employers’ ability to schedule their employees’ shifts.

Shaw Valenza's Employment Law Pot Pourri / Quick Takes

Shaw Valenza LLP • May 24, 2016
Here are some quick takes to catch you up on a bunch of recent developments.

Massachusetts Noncompete Bill Advances, but Passage Remains Uncertain

Ogletree Deakins • May 22, 2016
In March, we reported that Massachusetts House Speaker Robert A. DeLeo had announced his support for legislative restrictions on employee noncompetition agreements, signaling a potential turning point in the long-running debate in Massachusetts over whether noncompetes should be banned or restricted through legislation.

Application of New DOL Overtime Rule to Puerto Rico

Littler Mendelson, P.C. • May 22, 2016
On May 18, 2016, the U.S. Department of Labor, Wage and Hour Division, announced the final changes to the regulations that govern the “white collar” overtime exemptions to the Fair Labor Standards Act (“FLSA”). It remains to be seen, however, if and when these regulations will apply to employees in Puerto Rico. While these changes are scheduled to go into effect on December 1, 2016, pursuant to the latest version of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), H.R. 5278, 114th Cong. §404 (2016), it is possible that Puerto Rico will be exempted from this effective date.

Invocation of "The Rule" During Trade Secret Injunction Hearings

FordHarrison LLP • May 22, 2016
The Texas Supreme Court ruled today that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets at issue are discussed. In December 2014, MI-SWACO, a subsidiary of oil and gas services company Schlumberger sought a writ of mandamus after a trial court allowed the party alleged to have received or benefitted from misappropriated trade secrets to be in the courtroom during evidentiary proceedings discussing the trade secrets at issue.

California Employers Will Soon Face Increased Wage-And-Hour Obligations

Fisher & Phillips LLP • May 19, 2016
As of December 1, 2016, the minimum salary for salaried exempt employees under the federal Fair Labor Standards Act (FLSA) will increase from $455 to $913 per week. Because the federal salary standard will be higher than California’s (currently $800 per week), all California employers paying exempt workers under $913 per week (or $47,476 per year) will be required to either increase minimum salaries for such exempt employees or pay them overtime wages. The salary increase was among the limited, but no less significant, changes to the FLSA regulations announced yesterday by the U.S Department of Labor (USDOL).

NYC Issues Guidance on Protections for Pregnant Employees

Ogletree Deakins • May 18, 2016
On May 6, 2016, the New York City Commission on Human Rights issued guidance that defines what constitutes pregnancy discrimination under the New York City Human Rights Law (NYCHRL), and provides clear examples of when and how employers should make accommodations for employees based on pregnancy, childbirth, or related medical conditions.

What Employers Need to Know About the New York City Pregnancy Accommodation Enforcement Guidance

Jackson Lewis P.C. • May 17, 2016
The New York City Commission on Human Rights has released enforcement guidance on the New York City Pregnant Workers Fairness Act identifying five categories of potential violations and emphasizing the need to engage in cooperative dialogue to reach accommodation.

Boards Of Education Beware: Ohio Supreme Court Closes Door On Open Meeting Loopholes

Fisher & Phillips LLP • May 17, 2016
Because public body meetings are required to be open to the public in Ohio, just exactly what constitutes a “meeting” of a public body has long been a matter of some debate, especially as means of communication have expanded dramatically in recent years. Can Board members send and receive private email communications to each other on school matters? Can a Board President conduct straw polls of individual members in one-on-one telephone conferences? Can Board members tweet about public matters when she is followed by a majority of other Board members? Can an email be sent by the Superintendent to other Board of Education members seeking input from each?