Monthly Archives May 2016

By now, most of you have probably heard that on May 18, 2016, the Obama Administration and the DOL announced the long-awaited final rule updating the Department’s white collar exemption from the FLSA’s minimum wage and overtime protections.  The new rule will be effective December 1, 2016.  Now that we finally know what we’re dealing with, I thought it may…

The U.S. Supreme Court released its much anticipated opinion in Spokeo, Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016). There, the Court considered whether a bare statutory violation of a procedural right under the Fair Credit Reporting Act (FCRA) is sufficient to confer Article III standing. The Court held that to confer standing, the statutory violation must present an injury-in-fact which is “concrete and particularized.” But because the Ninth Circuit’s analysis focused solely on the particularization requirement, and omitted the requisite concreteness analysis, the Court remanded the case back to the Ninth Circuit. The Spokeo decision is an encouraging development for companies facing high-stakes, “harm-less” class action litigation based on alleged technical statutory violations.

The Americans with Disabilities Act (ADA) has required employers to provide reasonable accommodations to disabled employees since its passage in 1990. Although the ADA is now more than 25 years old, many employers still struggle with the question: When is an extended leave of absence considered a reasonable accommodation?

In our ever-innovative, competitive and connected economy, those seeking to protect trade secret information just added one more arrow to their quiver. On Wednesday, May 11, 2016, President Barack Obama (D) signed into law the Defend Trade Secrets Act (DTSA), which is implemented as a series of amendments to the Economic Espionage Act (EEA). The DTSA had vast bipartisan support and passed through each house of Congress handily.