Searching Content by David Barmak ordered by Published Date Descending.
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Dj Vu All Over Again: The DOL Releases Proposed Rule Increasing The Salary Basis Threshold For FLSA White-Collar Exemptions
The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) that it estimates would convert more than one million now overtime-exempt workers to non-exempt, overtime-eligible employees.
United States
19 Mar 2019
Third Circuit Rules That Employer-Friendly "But For" Causation Standard Applies To False Claims Act Retaliation Claims
The Third Circuit's ruling is a welcome result, especially for employers who deal with the federal government and may, therefore, be exposed to FCA retaliation claims.
United States
16 Jan 2018
Fourth Circuit Holds Complaining Employee Is Not Protected From Termination If The Employer Terminates Her Because It Believed Her Complaint Was Fabricated
A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination.
United States
7 Jul 2017
Steady As She Goes Or Charting A New Course? Employment And Labor Signals In The Trump Administration
Acosta formerly served on the National Labor Relations Board and has significant experience in labor relations.
United States
11 Apr 2017
2016 DC Metro Area Employment Law Year In Review
The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers...
United States
2 Mar 2017
Supreme Court Set To Decide This Term If Employees Can Waive Their Right To Bring A Class Or Collective Action
For our sibling blog ADR: Advice from the Trenches, my colleagues Kate Beattie and Don Davis have authored an analysis of employee class action waivers...
United States
9 Feb 2017
With DOL's OT Rule Blocked, Employers Are Left Asking "What's Next?"
Employers across the country woke up to news that a Texas District Court judge has blocked the DOL's overtime rule from taking effect on December 1, 2016.
United States
28 Nov 2016
BREAKING NEWS: New Overtime Rule Derailed; Will Not Take Effect On December 1.
In a stunning turn of events for employers, the United States District Court for the Eastern District of Texas has entered a nationwide injunction, ruling that the DOL's new overtime rule is unlawful.
United States
25 Nov 2016
The DOL Releases Its Final Rule Updating The FLSA White-Collar Overtime Regulations
The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers.
United States
24 May 2016
Trade Secrets Going Federal: President Obama Signs Into Law Landmark Defend Trade Secrets Act Requiring Immediate Action By All Employers
On Wednesday, President Obama signed into law the groundbreaking Defend Trade Secrets Act (DTSA), which for the first time creates a federal civil remedy for trade secret misappropriation...
United States
20 May 2016
Innocents Abroad: Employment Agreements For Employees Working In High Risk Countries
Thanks again for your guidance over the past several weeks. Now that we've tackled updating our offer letters for employees working abroad, I'd like to look at our employment agreements.
United States
9 May 2016
The Supreme Court's Tyson Foods Ruling And Employee Class Actions
The US Supreme Court ruled Tuesday that Tyson Foods employees can use representative evidence to establish liability and damages for class certification purposes.
United States
4 Apr 2016
Taking An Evidentiary Approach, The Supreme Court Rules That Employees Can Use Representative Samples To Establish Classwide Liability And Damages, But It Leaves Open Question Of Whether Classes Can Include Uninjured Class Members
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes.
United States
4 Apr 2016
Court Enforces Arbitration Agreement, Requiring Employees To Arbitrate Whistleblower Claims
We have frequently written about the increasing likelihood that courts will enforce arbitration agreements to resolve a broad range of issues arising out of the employment relationship.
United States
6 Aug 2015
Paying The Price For I-9 Non-Compliance
If you're an employer and not following our Immigration Law blog, you should be.
United States
31 Jul 2015
Employing Minors Requires Attention To Laws (SHRM)
My colleague Bret Cohen was quoted in a Society for Human Resource Management (SHRM) Online article entitled, "Employing Minors Requires Attention to Laws".
United States
28 Jul 2015
Its Not Boilerplate Anymore: SEC Order Serves As Reminder To Carefully Consider Language Used In Employee Confidentiality Agreements And Policies
The Securities and Exchange Commission instituted cease and desist proceedings against KBR, Inc. for the purpose of entering an agreed Cease and Desist Order which is likely to affect the drafting of all confidentiality agreements...
United States
2 Apr 2015
Emergency Legislation To DCs Wage Theft Law Clarifies That Exempt Employees Are Not Subject To Heightened Recordkeeping Requirements
The D.C. Council has passed emergency legislation to address certain ambiguities in and other issues raised by D.C.s Wage Theft Prevention Amendment Act, which takes effect on February 26, 2015.
United States
5 Feb 2015
D.C.s New Wage Theft Law Imposes Additional Notice, Posting And Recordkeeping Requirements On Employers
Last October, we reported on D.C.s soon-to-be-enacted D.C. Wage Theft Prevention Amendment Act.
United States
26 Jan 2015
Sixth Circuit Decision Confirms That Employers May Lawfully Choose Not To Hire A Job Applicant With A Prior History As A False Claims Act Whistleblower
Some employers in the health care and other industries who regularly deal with the federal government and are subject to the False Claims Act ("FCA")...
United States
23 Nov 2014
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