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Nov 20, 2024 | 
jdsupra.com | Brian Moore |Jared A. Phalen
A federal judge in Texas has struck down the recently implemented United States Department of Labor (“DOL”) federal overtime salary threshold rule. This 2024 rule raised the minimum salary level for certain employees to be exempt from overtime pay requirements under the Fair Labor Standards Act (“FLSA”). Generally, the FLSA requires employers to pay non-exempt employees 1.5x their regular rate for hours worked in excess of 40 in a work week.
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Oct 31, 2024 | 
jdsupra.com | Brian Moore
With the allure of tax incentives for foreign derived intangible income and an increase in foreign audits scrutinizing transfer pricing, bringing intellectual property (IP) back to the United States is increasingly attractive. Newly issued final IP repatriation regulations make the tax consequences of repatriating previously offshored IP more predictable and eliminate the risk of potential double taxation.
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Sep 6, 2024 | 
jdsupra.com | Brian Moore |Jared A. Phalen
Recently, the United States Court of Appeals for the Fifth Circuit issued a decision on the Department of Labor's (DOL) rule concerning tipped employees. This final rule, introduced in 2021, addresses the amount of time a tipped employee can spend on "tip-producing work" versus "non-tip-producing work.
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Aug 15, 2024 | 
jdsupra.com | Michael Dailey |Brian Moore |Jared A. Phalen
Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months. The Expansion of Federal Overtime EligibilityA U.S. Department of Labor’s final rule that went into effect on July 1 raised the salary threshold for certain employees to be classified as exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements.
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Aug 13, 2024 | 
bankdirector.com | Brian Moore |Michael Dailey |Jared A. Phalen
Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months. The Expansion of Federal Overtime EligibilityA U.S. Department of Labor’s final rule that went into effect on July 1 raised the salary threshold for certain employees to be classified as exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements.
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Apr 10, 2024 | 
jdsupra.com | Emily Cook |Bryan Frederick |Brian Moore
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.
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Mar 13, 2024 | 
jdsupra.com | Emily Cook |Bryan Frederick |Brian Moore
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.
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Mar 11, 2024 | 
natlawreview.com | Brian Moore
On March 8, 2024, just days before it was set to take effect, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB’s”) recent rule on determining the standard for joint-employer status. The NLRB issued the ruleon October 26, 2023. It established a seven-factor analysis, under a two-step test, for determining joint employer status.
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Feb 27, 2024 | 
jdsupra.com | Emily Cook |Bryan Frederick |Brian Moore
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation. Issues at Stake: Contract Pharmacy; Medicare Payment Cuts; ADR Rule; Other In six cases related to the Medicare payment cuts, the court ordered the cases stayed until March 3, 2024.
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Feb 13, 2024 | 
jdsupra.com | Brian Moore |Jared A. Phalen
The Supreme Court of the United States recently unanimously reversed the 2nd Circuit’s ruling on an employee asserting a retaliation claim under the Sarbanes-Oxley Act (“SOX”). Now, employees asserting a retaliation claim under SOX need to only show that their protected activity was a contributing factor in the adverse employment action. An employee does not have to prove that the employer had retaliatory or discriminatory intent to prove retaliation under SOX.
