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- U.S. Customs and Border Control (CBC) is a powerful ally in the battle to prevent counterfeits from reaching the U.S. market. In 2015 an estimated 11 million maritime containers arrived on U.S. shores carrying imported products from all over the world.
- Labor and Employment Alert: Ninth Circuit Shows High Costs of Failing to Properly Calculate the Regular RateIn a case of first impression, the Ninth Circuit Court of Appeals recently considered whether an employer violated the Fair Labor Standards Act (FLSA) because it failed to include cash-in-lieu of benefits payments when it calculated employees’ regular rate of pay.
- The Bankruptcy Judges and Chapter 13 Trustees for the United States Bankruptcy Court for the Southern District of Ohio have reviewed and approved a proposed District Wide Mandatory Form Chapter 13 Plan and proposed form Order Confirming Chapter 13 Plan and Awarding Attorney Fees.
- On June 8, 2016, Governor John Kasich signed House Bill 523 to legalize the use of medical marijuana in Ohio. Ohio now joins the 25 states and District of Columbia that have “legalized” marijuana for medicinal purposes (marijuana use, possession, and distribution remains illegal under federal law).
- Effective August 10, 2016, Colorado employers will be required to provide job applicants and employees with reasonable accommodations for pregnancy and physical recovery from childbirth. An employer only has to provide an accommodation if requested and if the accommodation would not impose an undue hardship.
- Labor and Employment Alert: Seventh Circuit Issues Surprising Ruling Backing NLRB’s Prohibition on Class/Collective Action WaiversIn December 2013, in D.R. Horton, the Fifth Circuit Court of Appeals rejected the National Labor Relation Board’s (NLRB) prohibition on mandatory arbitration clauses. Since then, the vast majority of federal courts addressing this issue have agreed with the Fifth Circuit, including the U.S. Courts of Appeals for the Second and Eighth Circuits.
- Client Alert: Gehrke v. Senkiw: Ohio Appellate Court Decision May Shorten Time to Contest the Validity of Revocable TrustsThe Second District Court of Appeals has issued an opinion in Gehrke v. Senkiw, 2d Dist. Montgomery No. 26829, 2016-Ohio-2657, which held that the validity of a revocable trust that the settlor’s will incorporates by reference cannot be challenged without also challenging the settlor’s will.
- In Virginia, when an employment contract does not specify a time period for its duration, either party is ordinarily at liberty to terminate it at-will on giving reasonable notice of his or her intention to do so.
- On May 17, 2016, the Internal Revenue Service issued final regulations simplifying a participant’s ability to make a rollover from his or her designated Roth account in a qualified plan. The final regulations eliminated the requirement that the amounts that are directly rolled over by a participant to an eligible retirement plan be treated as a separate distribution from other amounts received by the participant.
- Labor and Employment Alert: Will the DOL’s New Salary Threshold Sound the Death Knell for Some Non-Profits?Effective December 1, 2016, the salary threshold for an employee to be considered exempt from overtime under the Fair Labor Standards Act (FLSA) increases to $913 per week – $47,476 per year (or to $134,004 for highly compensated employees).
- Faced with a petition drive to put a minimum wage proposal on the November ballot, Cleveland City Council must now consider an ordinance that would mandate a $15 per hour minimum wage for those employees working within Cleveland’s geographic boundaries.
- The first wave of attacks on the Consumer Financial Protection Bureau’s (CFPB) recently proposed rules prohibiting class action waivers in pre-dispute arbitration agreements occurred during the House Financial Institutions and Consumer Credit Subcommittee hearing entitled “Examining the CFPB’s Proposed Rulemaking on Arbitration.
- Financial Services Alert: Regulations Prohibiting Class Action Waivers Published in Federal RegisterOn May 24, 2016 the Consumer Financial Protection Bureau’s (CFPB) proposed arbitration rule was published in the Federal Register.
- The United States Supreme Court recently resolved a split among the federal circuits about when the limitations period begins on a constructive discharge claim (as opposed to a claim by an employee that he or she was terminated by an employer).
- Labor and Employment Alert: Effective Now: Defense of Trade Secrets Act Makes it Easier to Protect Trade SecretsOn May 11, 2016, President Obama signed the Defense of Trade Secrets Act (DTSA), which Congress passed overwhelmingly in a rare moment of bipartisanship. Until now, trade secrets have been exclusively protected by state law (unlike the federal protection afforded to patents, copyrights and trademarks).
- If your company sponsors a wellness program, you are undoubtedly familiar with IRS and DOL rules for participatory, activity, and outcomes-based wellness programs.
- On May 17, 2016, the SEC updated its Compliance & Disclosure Interpretations (C&DIs) concerning the use of non-GAAP financial measures. The new guidance focuses on the calculation and presentation of non-GAAP financial measures in SEC filings and earnings releases subject to Regulation G and/or Item 10(e) of Regulation S-K.
- Labor and Employment Alert: Millions of Workers and Billions in Costs Herald a Brave New World Under the Department Of Labor’s Overtime RuleToday, the U.S. Department of Labor published its final rule significantly expanding the overtime protections of the Fair Labor Standards Act (FLSA). The rule increases the salary an employee must receive before being considered overtime-exempt to $913 per week – $47,476 per year (or, $134,004 for highly compensated employees).
- Client Alert: Ohio Supreme Court Rules That Board Communication of Any Kind -- Even Email, Texts, or Tweets -- May Constitute a Meeting, Which Could Violate Ohio Open Meetings ActThe Supreme Court of Ohio recently released its opinion in White v. King,expressly expanding the definition of a “meeting” under Ohio’s Open Meetings Act to include discussions that occur “telephonically, by video conference, or electronically by email, text, or other form of communication.”
- Financial Services Alert: Narrow Win For Spokeo at The U.S. Supreme Court: Plaintiffs Must Demonstrate Concrete Harm Even For Statutory ViolationsIn a highly-anticipated opinion, this morning the U.S. Supreme Court overturned the Ninth Circuit Court of Appeals’ decision in Spokeo, Inc. v. Robins.
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