Burr & Forman - Labor & Employment E-Note
November 24, 2015 OSHA Penalties to Increase in 2016
Making Headlines Coalition Urges Reworking of Benefits Amid New Labor Definitions (Source: The New York Times, 2015-11-09) Employee Benefits for Same-Sex Couples Challenge Companies (Source: U.S. News & World Report, 2015-11-10) Firms' Health Costs Rise at Lower Rate, But Workers' Share Rises (Source: USA Today, 2015-11-11)
A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. Read details in this Alert. For more information, please contact Ron Flowers and Scott Williams. NLRB Continues to Make Things Easier for Organized Labor
As we reach the end of 2015, recent statistics released by the National Labor Relations Board (NLRB) confirm that it is no longer a level playing field for employers who wish to remain union-free. Read more in this Alert. For more information, please contact Trent Scofield and Matt Scully. The Multi-State Non-Compete Agreement – Part 3 Our most recent article in this series addressed the first step of the analysis
More Employers Offering Financial Wellness Programs to Workers (Source: NPR, 2015-11-03) Global Outsourcing Companies Taking Advantage of H-1B Program (Source: The New York Times, 2015-11-10)
Final Salary Threshold Rules May Be Delayed Until Late 2016 According to the Wall Street Journal, Solicitor of Labor Patricia Smith recently announced that the Department of Labor's (DOL's) Final Rule increasing the salary threshold for the white-collar exemptions to the Fair Labor Standards Act's overtime requirements is not likely to be issued until late 2016. Speaking at a panel discussion at the American Bar Association's Labor and Employment Law conference, Ms. Smith said more time was needed because of the volume of comments on the proposed rule and the complex nature of the change. More than 250,000 comments were submitted on the proposed rule during the 60day comment period. The timetable of the implementation of the increased threshold comes as a surprise after the DOL had refused requests to extend the comment period on the proposed rule. Based on the Administration's emphasis on these regulations, most observers had predicted that the Final Rule would be issued in early to mid 2016. Additional resources on the DOL's FLSA salary rules are available here: DOL Will Require Overtime For Employees Who Earn Less Than $50,000 Six Options For Complying With New DOL FLSA Salary Rules If you have questions, please contact any Burr Labor & Employment attorney. What HR Departments Should Know About Same-Sex Marriage In an article published on October 13, 2015 by IndustryWeek, Clark Spoden provides insight on what a manufacturing company’s human resources department should know about same-sex marriage. With two significant federal rulings regarding discrimination and sexual orientation occurring over the summer, now is a good time to review employee benefits, discrimination and practices related to the Family Medical Leave Act
necessary for the multi-state employer’s design and implementation of a manageable, limited number of noncompete agreements compliant with most, if not all, applicable state laws. That article addressed the identification of the “protectable interests” amongst all employees with the goal of matching the appropriate employee categories with the “right blend” of restrictive covenants needed for each employee group. With that background, we move to the next step in the process; identifying which of the employees’ resident states pose unusually difficult procedural hurdles to the enforcement of restrictive covenants at the onset. Read the latest update in the series here. For more information, contact Jon Gumbel. Get Ready For 128,000 New Employees A pending classaction lawsuit could mean more jobs for Nashville residents and increased access to eligible employees for Tennessee businesses. Learn more on Burr’s Tennessee Business Litigation Blog. For more information, contact John Paul Nefflen.
(FMLA). Spoden details four things to keep in mind when reviewing workplace policies, including; same-sex married couples now qualify for married employee benefits at a company; same-sex married couples must be granted the same Family and Medical Leave as heterosexual married couples; with the new rulings, company leadership should encourage a culture of acceptance when it comes to sexual orientation and gender identity; and employers should look at their best practices to ensure a race, religious and gender-neutral workplace to comply with the anticipated full protection of sexual orientation from discrimination. Burr's Labor & Employment Attorneys Present 2015 Labor Law Update On November 13, 2015, Burr & Forman's Labor & Employment team hosted its fourth, and final, Labor & Employment Law Update in its 2015 series. This year Burr & Forman took its complimentary program on the road, kicking off the series in Birmingham, Alabama before heading to Mobile, Alabama, followed by Atlanta, Georgia and finishing up in Nashville, Tennessee. The HRCI credited program addressed hot topics related to: ADA/FMLA; FLSA/Wage & Hour; Union Avoidance/Labor Relations; Litigation Avoidance; Workplace Investigations; Immigration; Handbooks/Effective Documentation; Affordable Care Act, and a focus on employment laws in each state. Our team looks forward to offering this informative series again in 2016. Burr Presents New Alabama Non-Compete Law Webinar On October 27, 2015, Burr attorneys Devin Dolive and Matt Scully presented a webinar on Alabama's new non-compete law. The complimentary webinar focused on how the new law will affect business, the types of agreements the new law covers, how long is too long for a noncompete agreement or non-solicitation agreement under the new law, will the new law change how Alabama courts decide whether or not to enforce a non-compete agreement, and how to know whether your business's existing agreements comply with the new law. If you would like a copy of the presentation, contact Devin or Matt.
The Chicago Cubs, Errors, & Arbitration Of Florida Non-Competes What can the Chicago Cubs teach businesses about non-compete agreements in Florida? Peter Vilmos explores surprising lessons on Burr's Non-Compete & Trade Secrets Blog.
CONSUMER FINANCE LITIGATION ENVIRONMENTAL LAW MATTERS NON-COMPETE & TRADE SECRETS SECURITIES LITIGATION & ARBITRATION TENNESSEE BUSINESS LITIGATION
Burr & Forman Labor & Employment E-Note is a monthly e-mail service provided by Burr & Forman LLP. The physical address for correspondence related to this newsletter is: 171 17th Street, NW, Suite 1100, Atlanta, GA 30363. (404) 815-3000. You are subscribed to this list as: Please note: This electronic newsletter is provided to clients and friends of Burr & Forman. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."
Making Headlines Coalition Urges Reworking of Benefits Amid New Labor Definitions (Source: The New York Times, 2015-11-09) Employee Benefits for Same-Sex Couples Challenge Companies (Source: U.S. News & World Report, 2015-11-10) Firms' Health Costs Rise at Lower Rate, But Workers' Share Rises (Source: USA Today, 2015-11-11)
A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. Read details in this Alert. For more information, please contact Ron Flowers and Scott Williams. NLRB Continues to Make Things Easier for Organized Labor
As we reach the end of 2015, recent statistics released by the National Labor Relations Board (NLRB) confirm that it is no longer a level playing field for employers who wish to remain union-free. Read more in this Alert. For more information, please contact Trent Scofield and Matt Scully. The Multi-State Non-Compete Agreement – Part 3 Our most recent article in this series addressed the first step of the analysis
More Employers Offering Financial Wellness Programs to Workers (Source: NPR, 2015-11-03) Global Outsourcing Companies Taking Advantage of H-1B Program (Source: The New York Times, 2015-11-10)
Final Salary Threshold Rules May Be Delayed Until Late 2016 According to the Wall Street Journal, Solicitor of Labor Patricia Smith recently announced that the Department of Labor's (DOL's) Final Rule increasing the salary threshold for the white-collar exemptions to the Fair Labor Standards Act's overtime requirements is not likely to be issued until late 2016. Speaking at a panel discussion at the American Bar Association's Labor and Employment Law conference, Ms. Smith said more time was needed because of the volume of comments on the proposed rule and the complex nature of the change. More than 250,000 comments were submitted on the proposed rule during the 60day comment period. The timetable of the implementation of the increased threshold comes as a surprise after the DOL had refused requests to extend the comment period on the proposed rule. Based on the Administration's emphasis on these regulations, most observers had predicted that the Final Rule would be issued in early to mid 2016. Additional resources on the DOL's FLSA salary rules are available here: DOL Will Require Overtime For Employees Who Earn Less Than $50,000 Six Options For Complying With New DOL FLSA Salary Rules If you have questions, please contact any Burr Labor & Employment attorney. What HR Departments Should Know About Same-Sex Marriage In an article published on October 13, 2015 by IndustryWeek, Clark Spoden provides insight on what a manufacturing company’s human resources department should know about same-sex marriage. With two significant federal rulings regarding discrimination and sexual orientation occurring over the summer, now is a good time to review employee benefits, discrimination and practices related to the Family Medical Leave Act
necessary for the multi-state employer’s design and implementation of a manageable, limited number of noncompete agreements compliant with most, if not all, applicable state laws. That article addressed the identification of the “protectable interests” amongst all employees with the goal of matching the appropriate employee categories with the “right blend” of restrictive covenants needed for each employee group. With that background, we move to the next step in the process; identifying which of the employees’ resident states pose unusually difficult procedural hurdles to the enforcement of restrictive covenants at the onset. Read the latest update in the series here. For more information, contact Jon Gumbel. Get Ready For 128,000 New Employees A pending classaction lawsuit could mean more jobs for Nashville residents and increased access to eligible employees for Tennessee businesses. Learn more on Burr’s Tennessee Business Litigation Blog. For more information, contact John Paul Nefflen.
(FMLA). Spoden details four things to keep in mind when reviewing workplace policies, including; same-sex married couples now qualify for married employee benefits at a company; same-sex married couples must be granted the same Family and Medical Leave as heterosexual married couples; with the new rulings, company leadership should encourage a culture of acceptance when it comes to sexual orientation and gender identity; and employers should look at their best practices to ensure a race, religious and gender-neutral workplace to comply with the anticipated full protection of sexual orientation from discrimination. Burr's Labor & Employment Attorneys Present 2015 Labor Law Update On November 13, 2015, Burr & Forman's Labor & Employment team hosted its fourth, and final, Labor & Employment Law Update in its 2015 series. This year Burr & Forman took its complimentary program on the road, kicking off the series in Birmingham, Alabama before heading to Mobile, Alabama, followed by Atlanta, Georgia and finishing up in Nashville, Tennessee. The HRCI credited program addressed hot topics related to: ADA/FMLA; FLSA/Wage & Hour; Union Avoidance/Labor Relations; Litigation Avoidance; Workplace Investigations; Immigration; Handbooks/Effective Documentation; Affordable Care Act, and a focus on employment laws in each state. Our team looks forward to offering this informative series again in 2016. Burr Presents New Alabama Non-Compete Law Webinar On October 27, 2015, Burr attorneys Devin Dolive and Matt Scully presented a webinar on Alabama's new non-compete law. The complimentary webinar focused on how the new law will affect business, the types of agreements the new law covers, how long is too long for a noncompete agreement or non-solicitation agreement under the new law, will the new law change how Alabama courts decide whether or not to enforce a non-compete agreement, and how to know whether your business's existing agreements comply with the new law. If you would like a copy of the presentation, contact Devin or Matt.
The Chicago Cubs, Errors, & Arbitration Of Florida Non-Competes What can the Chicago Cubs teach businesses about non-compete agreements in Florida? Peter Vilmos explores surprising lessons on Burr's Non-Compete & Trade Secrets Blog.
CONSUMER FINANCE LITIGATION ENVIRONMENTAL LAW MATTERS NON-COMPETE & TRADE SECRETS SECURITIES LITIGATION & ARBITRATION TENNESSEE BUSINESS LITIGATION
Burr & Forman Labor & Employment E-Note is a monthly e-mail service provided by Burr & Forman LLP. The physical address for correspondence related to this newsletter is: 171 17th Street, NW, Suite 1100, Atlanta, GA 30363. (404) 815-3000. You are subscribed to this list as: Please note: This electronic newsletter is provided to clients and friends of Burr & Forman. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."
