This blog serves as a collection of articles authored by BFV attorneys. Topics cover all phases of operations and corporate life cycles, from formations to succession, including transactions, litigation and dispute resolution. Non-compete, trade secret, labor and employment and real estate-related litigation matters also are covered largely in this blog.
First and 10 for Employers: On November 22, 2016, U.S. District Judge Amos L. Mazzant, III of Texas issued a nationwide injunction blocking the U.S. Department of Labor’s new overtime Rule that was designed to expand the number of workers eligible for overtime compensation.
This Order was a huge victory for the 21 states and over 50 business groups who had filed the lawsuit, as well as the plethora of private employers and non-profit organizations who have long complained that the new Rule Read more [...]
The Federal Trade Commission and the Justice Department’s Antitrust Division recently issued guidance for companies with respect to wage fixing and no poaching agreements. According to the federal government, workers are entitled to the benefits of a competitive market for their services. Workers are harmed if companies that would ordinarily compete against each other to recruit and retain employees agree to fix wages or other terms of employment or enter into “no poaching agreements” by Read more [...]
Companies with employees in California need to beware of a new law affecting employment agreements. Employees who primarily reside and work in California may soon be able to avoid litigating disputes with their employers outside of California.
Recently signed by California Governor Jerry Brown, the new legislation seeks to ensure that those living and working in California have the benefit of litigating any disputes in California and the protections of California law. The new law goes into effect Read more [...]
Click here to view Ben Fink's complete presentation at the ICLE Growth Companies seminar on September 9, 2016.
As always, let us know if you would like more information on non-compete agreements, trade secrets and other confidential information, restrictive covenants and other labor and employment matters. Read more [...]
Controversy surrounding the U.S. Women’s national soccer team continues to provide insight into important employment law developments. On March 29, 2016, five members of the team filed a charge of discrimination against the U.S. Soccer Federation with the Equal Employment Opportunity Commission (EEOC), alleging disparity in pay between male and female U.S. soccer players. Their claim contributed to the national discussion about equal pay for women beyond sport.
As it turned out, the U.S. Women’s Read more [...]
All employers subject to the Fair Labor Standards Act's (“FLSA”) minimum wage provisions and the Employee Polygraph Protection Act (EPPA), must post, and keep posted, a notice explaining these laws in a conspicuous place in all of their establishments so as to permit employees to readily read it. This posters have been revised, and as of August 1, 2016, you must post this revised version. You may download a pdf of the revised poster from the DOL website at:
Read more [...]
The topic of Equal Pay in sports and beyond continued to receive national attention at this year’s ESPY Awards. Two female award recipients, Abby Wambach and Breanna Stewart, used the stage as an opportunity to speak out about pay disparity between the sexes. The topic of equal pay garnered much attention earlier this spring when the U.S. women’s national soccer team initiated a legal action alleging discrimination in pay. The women’s team will continue its campaign for equal pay by wearing Read more [...]
There was a lot of hoopla over Draymond Green’s use of the word “B___” during his confrontation with LeBron James in Game 4 of the NBA Finals. Green was suspended from Game 5 of the series because he had amassed his fourth flagrant foul point of the postseason, which mandates a one-game ban. The reported exchange between Green and LeBron that triggered the altercation went like this: James said he was the father of three kids and a man. Green responded by telling James that “You’re Read more [...]
On May 18, 2016, the U.S. Department of Labor (DOL) issued a new rule that doubles the salary threshold for overtime exemption under Fair Labor Standards Act (“FLSA”). The rule is anticipated to extend overtime eligibility to an estimated 4.2 million workers who are currently classified as exempt. This rule takes effect December 1, 2016.
The key provisions of the new rule include the following:
Increase in Salary Threshold: The rule sets the standard salary level at the 40th percentile Read more [...]
Yesterday, President Obama signed into effect a major development in trade secrets law for American companies – the Defend Trade Secrets Act (DTSA). If you are an employer or business owner, this new law cannot be ignored. Described as the “most significant expansion” of federal IP law in 70 years, this law benefits all businesses. It will help companies of all sizes protect their innovations and intellectual property as trade secrets under a uniform federal system (Click here to watch, Read more [...]