Alerts

In the underlying case, OSHA issued citations to Wynnewood Refining Co., LLC related to a steam boiler powered by natural gas at the company’s oil refinery in Wynnewood, Oklahoma.

For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could have on the company.

News and analysis that matters for privacy and data security.

The US Department of Justice (DOJ) is in the midst of a comprehensive policy review regarding the use of Supplemental Environmental Projects (SEPs) in settlements of environmental enforcement actions.

In a much anticipated decision, Judge Allison Burroughs of the US District Court for the District of Massachusetts held this week that Harvard College’s admission’s policy, which considers race among many factors, is lawful.

On September 24, the IRS issued Revenue Procedure 2019-38, clarifying rental real estate owners’ eligibility for the highly anticipated tax break under section 199A of the Internal Revenue Code.

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a California Bay Area franchisee.

The US District Court for the District of Columbia ruled that the Centers for Medicare & Medicaid Services (CMS) exceeded its statutory authority when it cut the Medicare payment rates for hospital services provided in the grandfathered off-campus provider-based department setting.

Imagine you try to flush a wipe that is branded flushable and discover it won’t flush. You are angry enough to sue the manufacturer for damages for “consumer fraud,” but should you also be able to force the manufacturer to change the label, even though your experience means you now know the “truth”

The rise in gig economy workers in recent years has led to a steep increase in workers classified as independent contractors.

On September 10, 2019, CMS ssued a final rule with comment period, titled Program Integrity Enhancements to the Provider Enrollment Process (the “Final Rule”), which enhances the government’s authority to deny or revoke health care providers from participating federal health care programs.

As recently as last week, the Consumer Financial Protection Bureau has continued on its campaign of federal consumer protection and enforcement decisions.

On September 24, 2019, the Wage and Hour Division of the Department of Labor (DOL) announced a new final rule raising the salary threshold employee compensation must meet in order to qualify for exempt status under the Fair Labor Standards Act (FLSA).

The Ninth Circuit issued a ruling in a closely-watched case between LinkedIn Corporation, the well-known professional networking site, and hiQ Labs, Inc., a data analytics company that relies on access to public LinkedIn profile data to provide HR-related analytics offerings to corporate clients. 

Yesterday, the U.S. Department of Labor (DOL) released the final version of its anticipated overtime exemption rule, setting a new annual salary threshold for “white collar” exemptions under the Fair Labor Standards Act (FLSA) at just over $35,000 per year.

If a landlord delivers a notice to vacate to a tenant due to lease violations or the expiration of the term, the tenant is legally required to vacate the premises. However, this does not always happen.

On September 17, 2019, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States, released the long-awaited comprehensive draft regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA).

Upending recent precedent, the National Labor Relations Board, yesterday, proposed a rule that, if adopted, will exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services in connection with their college and graduate school studies.

Draft Guidance issued by the US State Department recommends that companies that export items with surveillance capabilities conduct human rights due diligence, and solicits feedback by October 4, 2019.

The Plain Meaning Language of an Intercreditor Agreement Determines Whether it Governs Plan Distributions or Adequate Protection Payments

Headlines that Matter for Companies and Executives in Regulated Industries

A for-profit higher education company recently agreed to pay $30 million to settle Federal Trade Commission charges stemming in large part from deceptive practices by third-party “lead generators.”

New Jersey is one of the more aggressive states in seeking to punish employers for the misclassification of their workers. It recently upped the stakes for employers by enacting the New Jersey Wage Theft Act, which was signed into law on August 6, 2019.

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics.

The protection of intellectual property in the biotech industry is critical. Patents are the most common form of IP protection for biotech inventions.