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Inflation Reduction Act
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...
USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant...
Department of Labor Overtime Regulations Enjoined by Federal Judge
Late yesterday Judge Mazzant of the Eastern District of Texas issued a temporary, nationwide injunction blocking implementation and enforcement of the Department of Labor’s (DOL) revised overtime regulations. The regulations, which were to take effect December 1, would have raised...
DOL’s Persuader Advice Exemption Rule Blocked
Yesterday, Texas federal judge Sam R. Cummings granted Summary Judgment to several business groups, joined by Texas and nine other states, seeking to block enforcement of the U. S. Department of Labor’s (DOL) new “Persuader Activity” rule. In effect, the...
Revised I-9 Employment Eligibility Verification Form: Effective January 22, 2017
A revised version of Form I-9 , Employment Eligibility Verification has been published. Effective January 22, 2017, employers must only use the new version of the Form I-9 dated 11/14/2016 N. The old version dated 03/08/2013 N may still be...
Department of Labor Higher Salary Thresholds Effective December 1, 2016
As an important reminder, the Department of Labor (DOL) minimum salary levels for the white-collar exemptions increase effective December 1, 2016. While a group of 21 states and some 50 business groups filed a lawsuit on September 20, 2016, in...
Antitrust Agencies Release Guidance on Employee Hiring and Compensation
The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have jointly issued written guidance for human resource (HR) professionals on how antitrust law applies to employee hiring and compensation decisions (Guidance). The purpose of the Guidance...
OSHA Delays Enforcement of its New Anti-Retaliation Provisions until November 1, 2016
There have been significant developments impacting the portions of OSHA’s new work-related injury and illness rule scheduled to become effective on August 10. As our
Does Your Company Have "Reasonable" Procedures for Employee Reporting of Work-Related Injuries and Illnesses Consistent with OSHA’s New Rule Effective August 10th?
OSHA’s May 12, 2016 final rule revising its recording and reporting regulations received a great deal of publicity, in large part, because of the new requirements beginning in 2017 for some employers to electronically submit on-the-job injury and illness information...
Keep Quiet and Carry On under the EU Trade Secrets Directive
Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member States to encourage cross-border investments. The Directive addresses hot...
It's No Secret: Employment & Federal Considerations in New Trade Secrets Law
On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The result of rare bipartisan support, the DTSA was passed unanimously by the House last month. It creates the first federal civil cause of...
District Court Holds Private Equity Funds Jointly Liable for Portfolio Company's ERISA Withdrawal Liability
The U.S. District Court for the District of Massachusetts ruled on March 28, 2016 that two private equity funds were jointly and severally liable for the multiemployer pension plan withdrawal liability of their jointly-owned portfolio company. The District Court held...
EEOC Files First Suits Against Businesses Alleging Sexual Orientation Discrimination
Previously, federal courts, for the most part, held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon race, color, national origin, religion and sex, does not provide a basis for challenging discrimination based upon...
OSHA Announces National "Step-Up for Safety" Campaign for Upstream Industry
On February 19, 2016, OSHA announced the 2016 Step-Up for Safety Campaign to raise awareness about hazards in the oil and gas industry. The campaign is a joint effort among OSHA, the STEPS Network, and NIOSH. Oil and gas drilling...