Wednesday, June 1, 2016

Legal News & Knowledge: June 2016

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Employment Law

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Department of Labor Issues Final Rule Updating Overtime Regulations

By Salvatore Gangemi, Esq.
 
. . . the U.S. Department of Labor (USDOL) issued its Final Rule modifying overtime requirements under the Fair Labor Standards Act ("FLSA"). The Final Rule makes material changes to the application of overtime exemptions, and will take effect on December 1, 2016.

Full Article
 



U.S. Supreme Court Rejects the Government's Position in the Largest EEOC Fee Sanction Case Ever

By Gerald L. Maatman, Jr., Christina M. Janice, and Alex W. Karasik
 
In a landmark case for EEOC litigation involving fee sanctions . . . the SCOTUS remanded the case back down to the Eighth Circuit to determine whether a preclusive judgment existed and if the EEOC should be responsible to pay over $4.5 million in fees as a sanction.

Full Article
 



The word "or" might render your non-compete worthless

By Kathy Kreps
 
. . . Defendant Jason Cole, took a job with one of Alloy Bellows' top competitor, Senior Flexonics. It was undisputed that his position with Senior Flexonics was "virtually identical" to the one he had with Alloy Bellows. . .

Full Article
 



President Signs the Defend Trade Secrets Act of 2016: What Employers Need to Know

By Jonathan T. Hyman, Esq.
 
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016. It creates a uniform, federal standard for the protection of corporate trade secrets. What do employers need to know about this new law?

Full Article
 



This Rocky Road Is Not Chocolate: NLRB Wins Again On Micro-Units

By Beverly Alfon
 
On April 26, the 4th Circuit of the U.S. Court of Appeals joined other federal circuits that have upheld NLRB approval of "micro-units." See, Nestle Dreyer's Ice Cream Co. v. NLRB, No. 14-2222 (4th Cir. Apr. 26, 2016). This is another boost for unions because micro-units ease their path into industries and business that have been difficult for them to organize in the past.

Full Article
 

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ACA, ADA, and Wellness

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Billions Spent Illegally on Affordable Care Act Benefits

By Jillian Jagling, Esq.
 
. . . while Congress clearly appropriated funds in the ACA to pay for the premium tax credits, in a recent lawsuit, the U.S. House of Representatives ("House") argued that the billions of dollars spent since January 2014 on cost-sharing reductions were not appropriated by Congress and therefore violate the Constitution.

Full Article
 



EEOC Issues New Guidance on Leaves of Absence Under The ADA

By Jon Hyman
 
What does the EEOC want you know about your treatment of employees' leaves of absence under the ADA? A whole bunch, according to this guidance, published yesterday by the agency.

Full Article
 



EEOC Caves on Wellness Programs

By Al Lewis
 
Corporations can now impose even more draconian and counterproductive wellness schemes on their workers. The hope of the corporations is to claw back a big chunk of the insurance premiums paid on the behalf of employees who refuse to submit to these programs or who can't lose weight.

Full Article
 



Is Telecommuting a Reasonable Accommodation Under the ADA?

By Rhianna A. Kittrell, Esq.
 
When employers are faced with questions from employees regarding accommodations, determining whether the employee is a qualified individual who must be accommodated can become a complex issue.

Full Article
 



Have You Reviewed your Employee Handbook for Affordable Care Act Compliance?

By Patricia Moran
 
Even though the Affordable Care Act's employer mandate is in effect and fully phased-in, it has been our experience that few employers have bothered to review their employee handbooks to reflect the ACA.

Full Article
 

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Immigration Law

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Now Is the Time to Think About Your H-1B Back-Up Plan

By David H. Nachman, Esq.; Michael Phulwani, Esq.; and Rabindra K. Singh, Esq.
 
With uncertainty looming large as to who may or may not get selected in the H-1B lottery, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.

Full Article
 



Major Modifications to Immigration Programs May Cause Major Headaches

By Ashley Mendoza and Brenda Eckert
 
While at first glance, the new STEM OPT extension regulations may seem a cause for celebration, there are a number of added requirements and oversight provisions and, for some U.S. employers, the benefits may not outweigh the burdens.

Full Article
 



DAPA Decision in the Hands of the Supreme Court

By Adrian Roe, Esq.
 
In June of the this year the United States Supreme Court may decide the legality of the Obama Administration's Deferred Action for Parents of Americans and Lawful Permanent Resident's program ("DAPA"). The case, United States v. Texas, No. 15-674, was argued before the Supreme Court on April 18, 2016.

Full Article
 



USCIS Proposes to Increase Fees

By Alka Bahal
 
In a continuation of its effort to encourage eligible immigrants to become U.S. citizens, the Obama administration is proposing adjustments to the immigration benefit fee schedule that would raise the cost of some benefits but reduce naturalization fees for certain low-income immigrants.

Full Article
 



Tennessee Employers with 50 or More Employees Will Be Required To Use E-Verify

By Robert Divine and Miriam Thompson
 
Starting January 1, 2017, all Tennessee employers with 50 or more employees will be required to use the E-Verify system in order to verify the employment eligibility of workers hired on or after that date. . .

Full Article
 

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Workers' Compensation

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Intersection of Medical Marijuana and Workers' Compensation in Illinois

By Carolina Schottland, Esq.
 
With the relatively recent passing of the Compassionate Use of Medical Cannabis Pilot Program Act ("MCPP") in Illinois, employees, employers and even attorneys are asking questions about how this affects workers' compensation practice in the state.

Full Article
 



3-D Printing May Be Able To Lend a Helping Hand for Workers' Compensation Recipients

By Bernard D. Nomberg
 
With advances in technology, 3-D printing may be a new option for recipients of workers' compensation benefits. 3-D printing involves making three dimensional objects from a digital file. By making a virtual design, one is able to take an image and bring it to 3-D life.

Full Article
 



Will the future of workers' compensation be ADR?

By Jon L. Gelman
 
As mandatory arbitration continues to be adopted in place of litigation, it remains to be seen whether mandatory arbitration will replace costly and time consuming litigated adversarial hearings in workers' compensation.

Full Article
 



Burden Remains on Employer to Prove if Treatment is Unreasonable and Unnecessary

By Lucas Csovelak
 
When treatment appears to be endless and costs prove to be quickly mounting, the Utilization Review process may provide refuge for an employer faced with increasing exposure.

Full Article
 



Re-Thinking Return-to-Work as Stay-At-Work

By Michael B. Stack
 
The thought of return-to-work in most instances takes a narrow approach. This includes failing to think about an employee's return until they are nearing the end of the healing period, or final restrictions are being set.

Full Article
 

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Real Estate and Property Management

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5 Ways to Decrease Evictions

By John M. Mione, Esq.
 
Evictions cost everyone: landlords, property managers, even tenants. Legal costs, time spent at court and, of course, lost rent while finding a new tenant all harm a landlord's net operating income (NOI).

Full Article
 



The Next "Disparate Impact" Battleground: Criminal Background Checks

By Scott M. Badami
 
Here is another coming battleground for apartment management: what to do about applicants without social security numbers and/or who are undocumented? The issue is arising because of the decision of the Supreme Court holding that "disparate impact" is a part of the federal Fair Housing Act. . .

Full Article
 



Consider Your Parking Options When Choosing Commercial Office Space

By Troy Golden
 
Parking options are an important consideration when searching for office space and negotiating the office lease. Having adequate parking is an essential part of negotiating office space . . .

Full Article
 



Pampered Pooches: Creating Pet-Friendly Multifamily Communities

By Tim Blackwell
 
The multifamily housing industry has recognized in recent years that residents seek living spaces where pet amenities exist. According to the National Multifamily Housing Council, 33 percent of pet owners rent apartments.

Full Article
 



How to Handled Unauthorized Repairs

By Jane Meggitt
 
You've just received a bill from a contractor. Only this bill was for a repair you didn't authorize at your rental unit! Do you have to pay for unauthorized repairs?

Full Article
 

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