U.S. Department of Labor Issues Much-Anticipated Final Rule Increasing Exempt Employee Salary Threshold
Written by Jeremy Mittman and Aharon Kaslow Late last month, the U.S. Department of Labor (DOL) announced that it would be increasing the salary levels for certain employees to qualify as exempt from minimum wage and overtime payment obligations under the federal Fair Labor Standards Act (FLSA). The new rule applies to employees who are subject to either (1) the “executive, administrative, or professional” (EAP) … Continue reading U.S. Department of Labor Issues Much-Anticipated Final Rule Increasing Exempt Employee Salary Threshold
FTC Issues Final Rule Banning Most Non-Compete Agreements
Written by Gregory J. Hessinger, Jonathan M. Turner, and Eric D. Engelman The Federal Trade Commission (“FTC”) issued its long anticipated final rule imposing a prohibition on virtually all non-compete agreements for all employees. The final rule follows the FTC’s proposed rule published in January 2023. The FTC’s rule banning most non-compete agreements will likely become effective in early September 2024 as the rule is … Continue reading FTC Issues Final Rule Banning Most Non-Compete Agreements
New York Becomes First State to Implement “Paid Prenatal Leave” for Employees
Written by Jeremy Mittman and Thea Rogers On April 19, New York officially became the first state to enact legislation requiring employers to provide pregnant employees with a bank of protected paid prenatal leave. Importantly, an eligible employee’s paid prenatal leave bank is separate and distinct from already-required paid sick and safe leave bank and paid family leave bank (as well as any unpaid leave … Continue reading New York Becomes First State to Implement “Paid Prenatal Leave” for Employees
2024 Updates to Key Business Immigration Policies
Written by Deeba Fahami The United States Citizenship and Immigration Services (USCIS) has recently implemented new final rules that have greatly impacted the business immigration landscape. Effective February 26, 2024, premium processing was adjusted to reflect inflationary increases from June 2021 through June 2023.[1] USCIS also introduced a new Fee Schedule, new fees, and other immigration changes which took effect on April 1, 2024.[2] Premium … Continue reading 2024 Updates to Key Business Immigration Policies
Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment
Written by Brandon E. Hughes In 2022, Shosh Yonay and Yuval Yonay sued Paramount Pictures Corporation, principally asserting a copyright infringement claim related to the 2022 motion picture Top Gun: Maverick—sequel to the 1986 film Top Gun. Plaintiffs are the widow and son of Ehud Yonay, the author of a 1983 magazine article (the “Article”), which chronicled the experiences of pilots training at the Navy’s … Continue reading Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment
Understanding the Corporate Transparency Act
As of January 1, 2024, significant new reporting requirements have come into effect with the Corporate Transparency Act (the “CTA”). In general, the CTA is a new federal law that requires most US-based entities, and certain foreign entities (collectively, “Reporting Companies”), to report detailed information about their “Beneficial Owners” and “Company Applicants” to the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the US Department … Continue reading Understanding the Corporate Transparency Act
When Time Is On The Employee’s Side: The California Supreme Court Provides Guidance On What Constitutes Working Time
Written by Jeremy Mittman and Greg Agron Late last month, the California Supreme Court handed down its long-awaited decision in Huerta v. CSI Electrical Contractors, clarifying three questions posed by the United States Court of Appeals for the Ninth Circuit. Facts of the Case Plaintiff George Huerta and others were hired by subcontractor CSI Electrical Contractors (CSI) for work at a solar power facility in … Continue reading When Time Is On The Employee’s Side: The California Supreme Court Provides Guidance On What Constitutes Working Time
Los Angeles County Passes New “Fair Chance Ordinance” for Unincorporated Areas, Further Restricting Employers’ Use of Criminal History
Written by Jeremy Mittman and Thea E. Rogers Late last month, Los Angeles County passed a new Fair Chance Ordinance For Employers that aims to provide greater protections to individuals with criminal history seeking employment (or promotion) in unincorporated areas of Los Angeles County. This Ordinance, which arguably restricts employers’ ability to consider criminal history significantly more than any current federal or state criminal conviction … Continue reading Los Angeles County Passes New “Fair Chance Ordinance” for Unincorporated Areas, Further Restricting Employers’ Use of Criminal History
SEC Adopts Final Climate-Related Rules
Written by Gabriel Miranda On March 6, 2024, in a 3-2 vote during an open meeting, the Securities and Exchange Commission (SEC) adopted the long-awaited final rules on climate disclosures that require public companies to “provide certain climate-related information in their registration statements and annual reports.”[1] In its adopting release, the SEC explained that the final rules’ purpose is to provide “consistent, comparable, and reliable … Continue reading SEC Adopts Final Climate-Related Rules
With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan
Written by Jeremy Mittman and Thea Rogers Earlier this month, Cal-OSHA released a model workplace violence prevention plan for employers (in non-health care settings) to use as a customizable template when preparing their own workplace-specific plans. That same day, the state agency also released a “fact sheet” providing California employers (also in non-health care settings) with an overview of how to create a compliant workplace … Continue reading With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan
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