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Employment Arbitration: Trends, Developments & Best Practices
In May 2018, the United States Supreme Court issued an opinion upholding the validity of class-action waivers in employee arbitration agreements. Significant media coverage of that opinion has led many employers to evaluate whether to require employees to arbitrate employment-related...
How to Prepare for and Manage an OSHA PSM Inspection
Bob Nichols and Kevin Collins discuss preparations for an OSHA process-safety-management-standard (PSM) inspection. OSHA issued the PSM standard to help ensure the safe management of highly hazardous chemicals. The standard integrates hazard assessment, technology, procedures, and management practices, and PSM...
IRS Guidance on the Application of Tax Reform Amendments to Code Section 162(m)
On August 21 st , the IRS issued Notice 2018-68 which provides initial guidance regarding amendments to Section 162(m) of the Internal Revenue Code (“Section 162(m)”) as provided by the 2017 Tax Cuts and Jobs Act passed in late 2017...
United States Supreme Court Holds Class Waivers in Arbitration Agreements are Lawful
On May 21, 2018, the United States Supreme Court issued an opinion on a trio of cases challenging employer enforcement of arbitration agreements with class-action waivers. The Court held that the Federal Arbitration Act (FAA) allows enforcement of arbitration agreements...
Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor Carrier Act. Scot Carley et...
Climate Change Alert - A Colder Immigration Front Has Come
Since President Trump took office, there have been significant changes on the immigration front. In addition to the termination and curtailing of several humanitarian-based programs such as DACA and the Temporary Protected Status for El Salvador, Haiti, Nicaragua and Sudan...
“Why Matters” – In Texas, Proving Same-Sex Harassment “More Complicated” than Proving Opposite-Sex Harassment
On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and two-justice dissent sparred over the...
The Impact of the Tax Cuts and Jobs Act on Executive Compensation
On November 9, 2017, the House Ways and Means Committee approved the House’s version of the tax reform bill (the “House Bill”) and voted to report it to the House floor for a full House vote. On the same day...
Hurricane Harvey Relief for Employees
Following Hurricane Harvey and its resulting destruction, many employees are in need of financial assistance and/or early access to retirement funds. We will highlight how employers can make direct financial assistance payments to their affected employees on either a taxable...
Federal Court Invalidates Obama Administration Overtime Exemption Rule
On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking the revised regulation in November 2016 (our previous client alert...
Equal Employment Opportunity Commission Announces EEO-1 Form Stay
On August 29, 2017, the Office of Management and Budget (OMB) announced that it is initiating a review and immediate stay of the effectiveness of the revised EEO-1 Form pay reporting requirements. The Equal Employment Opportunity Commission’s announcement of the...
Latest I-9 Form Published Today
USCIS released today the latest Form I-9, Employment Eligibility Verification . Employers may continue using the old Form I-9 with a revision date of 11/14/16 N through Sept. 17 (the revision date is indicated in the bottom left corner of...
USCIS Announces New Measures to Detect H-1B Visa Fraud and Abuse
On April 3, 2017, the United States Citizenship and Immigration Services (“USCIS”) announced heightened measures to deter and detect H-1B visa fraud and abuse. In its site visits to H-1B petitioners and the worksites of H-1B employees, USCIS will implement...
Supreme Court Clarifies Copyright Protection for Artistic Features in Clothing
On March 22, 2017, the Supreme Court held that a two- or three-dimensional work of art on a useful article, such as clothing, is protectable under copyright law if: (1) the work of art can be perceived as separate from...
President Trump Takes First Steps On Dodd-Frank Reform
Today, the Trump Administration took initial action toward Dodd-Frank reform. President Trump signed two Presidential actions—one Executive Order regarding the Dodd-Frank Act more broadly, and one Presidential Memorandum regarding the “Fiduciary Rule.” The first action is an Executive Order that...