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Sep 12, 2024 | 
jdsupra.com | Steve Abrams |Muhammad S. Burney |Michael DeLarco
The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010, added Section 21F to the Securities Exchange Act of 1934 to protect whistleblowers from retaliation from their employers. Eligible whistleblowers are also entitled to a monetary award in the event the Securities and Exchange Committee (SEC) succeeds in obtaining a monetary order in a judicial or administrative enforcement action.
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Sep 12, 2024 | 
lexology.com | Michael DeLarco |Kenneth Kirschner |George Ingham |Tao Leung |Martha Steinman |Steve Abrams | +2 more
On September 9, 2024, the U.S. Securities and Exchange Commission announced it had settled charges against seven public companies that utilized employment and employment-related agreements that the SEC believed violated its rules against impeding potential whistleblowers from reporting misconduct.
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Apr 22, 2024 | 
concurrences.com | Justin Bernick |Lauren Battaglia |Muhammad S. Burney
Hogan Lovells (New York) Associate Muhammad Burney is an associate at Hogan Lovells, based in NY office. He focuses his practice on helping clients navigate complex federal and state employment laws, providing them with practical advice and guidance. Muhammad rejoined Hogan Lovells after serving as a summer associate in 2021.
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Nov 20, 2023 | 
jdsupra.com | Muhammad S. Burney |Kenneth Kirschner |Zachary Siegel
The Final Rule (the Rule) replaces the prior rule adopted April 27, 2020 during the Trump administration. The Rule considers two or more entities to be joint employers if (1) each entity has an employment relationship with the group of employees, and (2) if the entities share or codetermine at least one of the employees’ essential terms and conditions of employment.
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Nov 20, 2023 | 
lexology.com | Kenneth Kirschner |Zachary Siegel |Muhammad S. Burney
The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial because it dictates whether both entities must recognize and bargain with the unionized employees, and whether either entity may be liable for unfair labor practices committed by the other.
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Nov 6, 2023 | 
jdsupra.com | Muhammad S. Burney |Kenneth Kirschner |Zachary Siegel
Beginning November 1, 2023, all U.S.-based employers must use the revised Form I-9, Employment Eligibility Verification, edition date 08/01/23, when completing the employment eligibility verification process for employees. The edition date can be found at the bottom of the page on the form and instructions. All U.S. employers must accurately complete a Form I-9 for every individual they hire for employment in the United States, both citizen and non-citizen.
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Sep 5, 2023 | 
jdsupra.com | Muhammad S. Burney |George Ingham |Amy Kett
Under the current legal standard, an employee must meet three requirements to be classified as exempt from overtime under the FLSA executive, administrative, or professional exemptions – the so-called “white collar” exemptions: Satisfy a “duties test” (i.e., have and perform certain white-collar job duties); Be paid on a salary or fee basis (as opposed to an hourly basis); and Be paid at least $684 per week, which is roughly $35,568 a year.
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Sep 5, 2023 | 
lexology.com | George Ingham |Muhammad S. Burney
On August 30, 2023, the U.S. Department of Labor (DOL) proposed significant increases in the compensation thresholds that must be met for employees to be classified as exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). If the proposal is finalized as presented, DOL estimates that 3.6 million employees currently classified as exempt will be impacted, requiring employers to either raise their salaries or begin paying them overtime and tracking the time that they work.
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Aug 17, 2023 | 
jdsupra.com | Muhammad S. Burney |Amy Kett |Kenneth Kirschner
Section 7 of the NLRA guarantees employees the right to self-organization, to form and/or join a union, to bargain collectively, to engage in concerted activity, and the right to refrain from all such activities. Section 8(a)(1) prohibits employers from interfering with, restraining, or coercing their employees in the exercise of Section 7 rights.
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Aug 16, 2023 | 
lexology.com | Kenneth Kirschner |Amy Kett |Zachary Siegel |Muhammad S. Burney
On August 2, 2023, the National Labor Relations Board (NLRB or the Board) finally released its much-anticipated decision in Stericycle, Inc., 372 NLRB No. 113 (2023). The Board re-examined its prior precedent and overturned Boeing Co., 365 NLRB No. 154 (2017). Boeing established standards for assessing whether facially neutral workplace rules chill employees’ Section 7 rights under the National Labor Relations Act (NLRA), in turn violating Section 8(a)(1) of the NLRA.
