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- On Wednesday, the Federal Trade Commission (FTC) released its new Data Breach Response: A Guide for Businesses.
- Spurred by the “Fight for $15” slogan, cities and counties throughout the United States have enacted laws to increase the minimum wage paid to employees within their jurisdictions. Authority for enacting local wage-hour legislation may come from a state’s constitution or statutes or the city or county charter or enabling legislation.
- The State of California is rolling out a new tool for consumers to report potential violations of the California Online Privacy Protection Act (CalOPPA).
- On October 21, 2016, the Pennsylvania Superior Court held that the mandatory payment of wages by payroll debit card does not satisfy the requirements of the state’s Wage Payment and Collection Law (WPCL).
- On September 29, 2016, the U.S. Department of Labor released its final rule requiring that federal contractors provide up to 56 hours of paid sick leave per year to their employees.
- Client Alert: New York Department of Financial Services Proposed Cybersecurity Regulation: Comment Period Open Until November 12Recently, the New York State Department of Financial Services (NYDFS) published its “first-in-the nation cybersecurity regulation” to impose cybersecurity requirements on NYDFS regulated entities such as banks, consumer lenders, money transmitters, insurance companies and other financial service providers.
- Labor and Employment Alert: New Law Enshrines the Right of California Employees to Have Their Claims Heard Only in California CourtsCalifornia continues to expand its Labor Code. On September 25, 2016, California enacted a law that generally protects employees from having to adjudicate in other states any employment claims arising in California.
- Client Alert: Third Circuit Reverses Denial of Preliminary Injunction in Pennsylvania Hospital MergerLast Tuesday, the U.S. Court of Appeals for the Third Circuit reversed a Pennsylvania district court’s decision denying a preliminary injunction in the Federal Trade Commission’s (FTC) and Commonwealth of Pennsylvania’s (collectively, the government) challenge to a merger between Pinnacle Health System (Pinnacle) and Penn State Hershey Medical Center (Hershey) (collectively the hospitals).
- On September 27th, the Department of Justice entered into a settlement for $1 million with Tuomey Healthcare System, Inc.’s former Chief Executive Officer, Ralph J. Cox III.
- Client Alert: Foreclosure Reform in Ohio is Here - Expediting, Modernizing, and Unifying the Foreclosure Process and Battling Community BlightHouse Bill 390 (HB 390)is effective on September 28, 2016. The foreclosure reform included in HB 390 impacts both residential and commercial property foreclosures.
- Oil and Gas Alert: How to Successfully Comply with the Abandonment Procedure under the 2006 Ohio Dormant Mineral Act in the Wake of Corban v. Chesapeake Exploration, L.L.C., et al.On September 15, 2016, many oil and gas producers and surface owners of Ohio properties awoke to problematic news: the Supreme Court of Ohio, in Corban v. Chesapeake Exploration, L.L.C., et al., Slip Opinion No. 2016-Ohio-5796, held that the 1989 version of the Ohio Dormant Mineral Act (R.C. § 5301.56) (1989 DMA) was not self-executing (i.e., did not automatically abandon and vest dormant mineral interests in the surface owner of the property by operation of law).
- The 2016 elections are just over a month away. Despite the importance of voting to the democratic process, no federal law requires employers to provide time off for their employees to vote.
- Labor and Employment Alert: It Ain’t Over Till It’s Over ... States and Business Groups Sue DOL to Stop Overtime RulesThe U.S. Department of Labor’s (DOL) new overtime rules become effective on December 1, 2016. On that day, the salary threshold to be considered an overtime-exempt employee will double from the existing $455 per week to $913 per week (or $47,476 per year).
- Whistleblower Defense Alert: Seventh Circuit’s Latest Interpretation of Rule 9(b) Sets the Pleading Bar Higher for RelatorsEarlier this month, the United States Court of Appeals for the Seventh Circuit established a standard for application of Fed. R. Civ. P. 9(b) that significantly strengthens the bar imposed by the heightened pleading requirements of that rule.
- According to the Equal Employment Opportunity Commission (EEOC), retaliation is now the most frequently alleged basis of discrimination.
- Oil and Gas Alert: Supreme Court of Ohio Issues Sweeping Decision Interpreting the Ohio Dormant Mineral Act - Holds That 1989 DMA is Not Self-ExecutingOn September 15, 2016, the Supreme Court of Ohio issued numerous decisions concerning the application of the Ohio Dormant Mineral Act.
- Labor and Employment Alert: SEC Gives Employers 265,000 Reasons to Revise Their Separation AgreementsThe Security and Exchange Commission (SEC) has taken an increasingly hardline on employers’ confidentiality agreements and that its regulators are on the lookout for policies that impede an employee’s ability to report activities to regulator
- Labor and Employment Alert: Slouching Toward Joint Employment with the U.S. Department of Labor and California Litigation Involving FranchisesUnder the basic franchise model, the franchisor gives the franchisee a license to use its name, trademark, and business practices and benefit from established methods of operating the business.
- The new small unmanned aerial aircraft (UAS) rule, 14 C.F.R. §107 et seq., is effective as of August 29, 2016. This rule permits the flying of drones for commercial purposes provided that the drone operations and pilot meet the requirements of the new small UAS rule.
- Labor and Employment Alert: The Split Widens: Now the Ninth Circuit Invalidates Class Action WaiversOn August 22, 2016, the Ninth Circuit Court of Appeals held that requiring employees to sign an arbitration agreement prohibiting them from filing class or collective actions over wages, hours, and employment terms and conditions violated the National Labor Relations Act (NLRA).
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