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- 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.
- Labor and Employment Alert: Court’s Ruling on “Poorly Drafted” Non-compete Agreement Shows Why Grammar MattersThe U.S. District Court for the Northern District of Ohio recently delved into the meaning of the word “or” and showed how its meaning affects the enforceability of a non-compete agreement.
- Client Alert: Online Retailers Beware in New Jersey: New Lawsuits under the New Jersey Truth-In-Consumer Contract, Warranty and Notice Act Target Online BusinessesIn the ever-expanding world of e-commerce, businesses often create terms, conditions, notices, policies, or other disclaimers on their websites that apply to consumers across the country.
- The EEOC has issued a Fact Sheet on “Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.” It notes that “a person does not need to undergo any medical procedure to be considered a transgender man or a transgender woman.”
- The Department of Homeland Security’s new rule on the STEM Optional Practical Training extension goes into effect on May 10, 2016. Some of the changes that impact employers are highlighted in this Immigration Alert.
- Financial Services Alert: CFPB Invites Comment on Newly Proposed Regulations Banning Class Action WaiversThe Consumer Financial Protection Bureau (CFPB) yesterday released a widely anticipated proposed rule that would: (1) prohibit class action waivers in pre-dispute arbitration agreements, and (2) require a provider to submit records from individual arbitrations to the CFPB.
- Client Alert: Proposed Regulations Would Treat Certain Related-Party Debt Instruments Issued on or After April 4, 2016 as Stock for Federal Tax PurposesThe IRS recently issued proposed regulations that, if finalized, would treat debt instruments between related persons as stock under certain circumstances.
- It’s been said that politics makes strange bedfellows as illustrated by the efforts at “legalizing” marijuana use in Ohio (marijuana use and possession remain illegal under federal law).
- Labor and Employment Alert: Department of Labor Issues New Employer Guide to the Family and Medical Leave ActThe U.S. Department of Labor (DOL) has just issued “The Employer’s Guide to the Family and Medical Leave Act.” The DOL created this Guide because the DOL is “committed to strengthening compliance with the FMLA by providing assistance to employers and helping increase their knowledge of the law.”
- State and Local Tax Alert: New Economic Development Incentive Tools Created – Downtown Redevelopment Districts and Innovation DistrictsOn April 20, 2016, the Ohio House of Representatives approved Amended Substitute House Bill 233 (HB 233) as amended and passed by the Ohio Senate, which, among other things, establishes the procedure for designating so-called downtown redevelopment districts and innovation districts.
- The first new comprehensive Ohio banking legislation in 20 years, Senate Bill 317, sponsored by Sen. Jim Hughes (R-Columbus), was introduced in the Ohio Senate on April 20, 2016.
- Whistleblower Defense Alert: Supreme Court Hears Arguments on Implied Certification Theory of FCA LiabilityOn Tuesday, the Supreme Court heard oral argument in Universal Health Services, Inc. v. U.S. ex rel. Escobar.
- The Mississippi Supreme Court had recognized only two limited exceptions to the at-will doctrine: employees cannot be discharged for refusing to participate in illegal acts or for reporting an employer’s illegal acts. It recently recognized a third exception for employees storing firearms in their vehicles on an employer’s property.
- Labor and Employment Alert: California Supreme Court Holds That Sitting Down On the Job May Be RequiredAre you reading this sitting down? If so, you may have to give that seat to one of your employees.
- Labor and Employment Alert: Even When Parties Agree, North Carolina Courts Cannot Rewrite Overbroad Noncompete AgreementsThe North Carolina Supreme Court recently confirmed that courts in that state are prohibited from rewriting an overbroad noncompete agreement to make is reasonable and enforceable – even when the parties’ agreement specifically allows the court to do so.
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