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DOL Joins the Joint Employer Craze

Brody and Associates, LLC • April 29, 2016
In today’s economy, many companies are staffing through lease or temp agencies, third party management companies, independent contractors, and by sharing employees between companies. Many of these arrangements result in third-parties employing the workers and not the company on whose behalf the work is being performed (the putative joint employer). These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. Over the last few years, government agencies have reacted to this trend by increasingly finding that both companies are employers and as such, both are jointly and severally liable for any issue involving the employees. The National Labor Relations Board and OSHA are already on board, and now the federal Department of Labor (“DOL”), is joining the movement.

Take Your Child to Work Day 2016: XpertHR Style

XpertHR • April 29, 2016
Former Chicago White Sox player Adam LaRoche gave new meaning to “Take Your Child to Work Day” last month when he wanted to bring his 14-year-old son into his team’s clubhouse each day. While LaRoche’s child may have enjoyed missing school, his dad’s employer thought bringing him every day was too much.

Religious Exemptions Protect School From Student’s Disability Discrimination Claim

Goldberg Segalla LLP • April 29, 2016
Religious institutions may always face complex questions as to whether, and which, legal exemptions apply to them in various situations. But a recent case in New Jersey federal court shines a narrow sliver of light onto this murky issue — at least in terms of discrimination and retaliation claims.

A Salary "Credit" Is Already "Permitted"

Fisher & Phillips LLP • April 29, 2016
The U.S. Labor Department's commentary regarding its proposed federal Fair Labor Standards Act Section 13(a)(1) exemption regulations said that it might "permit" employers to "count" or "credit" against the impending higher salary threshold unspecified "nondiscretionary bonuses and incentive payments" on some limited, to-be-identified basis. We summarized USDOL's statements in our prior post, including the agency's having said that it was disinclined to extend this "credit" to "commissions".

Defend Trade Secrets Act Set to Become Law

Jackson Lewis P.C. • April 29, 2016
For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation.

House Passes Federal Trade Secrets Bill

Jones Walker • April 29, 2016
We recently reported that the U.S. Senate passed the Defend Trade Secret Act (“DTSA”), which would create a federal private cause of action for trade secret theft.

Defend Trade Secrets Act Set to Become Law

Jackson Lewis P.C. • April 29, 2016
For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation. The DTSA will become effective upon the President’s signature and will apply to any misappropriation of trade secrets that occurs on or after the date it is signed by the President.

Centers for Disease Control and Prevention Revises Guidance on Heat and Hot Environments

Jackson Lewis P.C. • April 29, 2016
In the first revision in 30 years of its criteria document on workers’ exposure to heat and hot environments, the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention removed ceiling limit recommendations for acclimatized and un-acclimated workers, but has left untouched its recommended exposure and alert limits.

New Federal Law May Be Employers' Strongest Weapon Against Trade Secret Theft

FordHarrison LLP • April 29, 2016
Executive Summary: Until now, employers with trade secrets stolen by former employees had to rely upon uneven, hit-or-miss state laws to protect their intellectual property and confidential information. Enter the Defend Trade Secrets Law of 2016, designed to provide a new, uniform federal civil remedy to trade secret owners whose intellectual property has been stolen—without preempting state law or disrupting fair competition. Now that the Act is finally on its way to President Obama's desk for signing, the Act's signature developments are worth highlighting.

Near-Unanimous Congress Federalizes Trade Secret Protection

Carothers DiSante & Freudenberger LLP • April 29, 2016
Business owners should be aware that the federal government, for the first time in over half a century, made an important stride to protecting trade secrets in the federal courts. In an era of bi-partisan bickering, the Defend Trade Secrets Act of 2016 (“DTSA”) has cleared congress on almost unanimous votes and is expected to be signed into law by President Obama. On April 4, 2016, the Senate voted unanimously and, yesterday, the House of Representatives voted 410-2 to pass the DTSA.

WHAT’S ON YOUR WAGE STATEMENTS?

Jackson Lewis P.C. • April 29, 2016
California has many requirements for the content of an employee wage statement, including this year’s new requirements for employees paid by a piece rate. Employees paid by piece rates must be separately compensated for rest and recovery periods and, where the employee does not earn at least minimum wage in addition to the piece rate, must be separately paid for non-productive time. The amount of time for these periods, the applicable rates of pay, and gross wages for these periods is required to be on the wage statement.
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