Monthly Archives: July 2017

Week of July 3, 2017 on ILNToday – A Roundup!

It was a short week for most US firms this week, with the 4th of July holiday falling on Tuesday. But we still have some excellent content coming your way for the roundup!

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Landmark ruling on employment rights for casual employees

As part of its four yearly review of modern awards, the Fair Work Commission (FWC) has issued a landmark decision that gives award-covered casual employees the right to convert to permanent employment (subject to certain criteria and restrictions).

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Further updates to the work visa program

In addition to the changes made to the work visa program in April 2017, further adjustments have been introduced on 1 July 2017 which we have summarised below.

Temporary Work visa (subclass 457)

Training Requirement

The Department of Immigration has published a new instrument on how it assesses the training benchmark B requirement. The refinements include the fact that only the salary expense of a person whose sole duty is to provide training can be counted as an expense. Previously, the proportionate expense of any employee delivering training could be constituted as a training expense.

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U.S. Department of Labor Not Defending Obama Administration Overtime Threshold, But Wants Rulemaking Authority to Establish Its Own Threshold Continue Reading…

In a much anticipated filing with the Fifth Circuit Court of Appeal in State of Nevada, et a. v. United States Department of Labor, et al, the United States Department of Labor has made clear that it is not defending the Obama Administration’s overtime rule that would more than double the threshold for employees to qualify for most overtime exemptions. However, the Department has taken up the appeal filed by the previous Administration to reverse the preliminary injunction issued blocking implementation of the rule, requesting that the Court overturn as erroneous the Eastern District of Texas’ finding, and reaffirm the Department’s authority to establish a salary level test. And the Department has requested that the Court not address the validity of the specific salary level set by the 2016 final rule because the Department intends to revisit the salary level threshold through new rulemaking.

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New Changes to Nevada’s Noncompete Law

Nevada employers be advised: on June 3, 2017, Governor Brian Sandoval signed into law Assembly Bill 276, which amends Chapter 613 of the Nevada Revised Statutes and sets forth a new framework in which noncompetes are evaluated. The amended law includes the following four changes:

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Nine Business Development Tips to Practice on Your Summer Vacation

Who wants to think about work while they’re on vacation?

I know, the idea is to get AWAY from work. And I fully endorse that. But there are two things I know to be true:

  • You never know who you’ll meet, and where – you may meet a potential client or referral source while you’re sitting on the beach!
  • Sometimes, doing thirty minutes of some type of work during a vacation day actually can make the rest of your day feel MORE enjoyable. (I didn’t make this up – Gretchen Rubin, of the Happiness Project, figured this one out)
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Tenth Circuit Rules Tips Belong to the Employer If Tip Credit is Not Taken Continue Reading…

When an employer pays the minimum wage (or more) instead of taking the tip credit, who owns any tips – the employer or the employee? In Marlow v. The New Food Guy, Inc., No. 16-1134 (10th Cir. June 30, 2017), the United States Court of Appeals for the Tenth Circuit held they belong to the employer, who presumably can then either keep them or distribute them in whole or part to employees as it sees fit. This directly conflicts with the Ninth Circuit’s decision last year in Oregon Restaurant and Lodging Ass’n v. Perez, 816 F.3d 1080, 1086-89 (9th Cir. 2016), pet for cert. filed, No. 16-920 (Jan. 19, 2017) and likely sets up a showdown this fall in the U.S. Supreme Court.

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Freelance Isn’t Free Act Guidelines Published

Our colleagues , and Corben J. Green at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the technology industry: “The Department of Consumer Affairs Publishes Rules Governing FIFA.”

Following is an excerpt:

On May 15th, the Freelance Isn’t Free Act (“FIFA”) went into effect in New York City. The Department of Consumer Affairs (“DCA”) recently issued guidelines to help employers comply with the law. …

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The Department of Consumer Affairs Publishes Rules Governing FIFA

On May 15th, the Freelance Isn’t Free Act (“FIFA”) went into effect in New York City. The Department of Consumer Affairs (“DCA”) recently issued guidelines to help employers comply with the law.

Coverage and Immigration Status

FIFA protects all freelance workers regardless of their immigration status.

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ILN Today Post

The first case since the beginning of the Trump Administration in which the US Department of Justice failed to sue a company for FCPA violations

On June 16, 2017, the United States Department of Justice (DOJ) announced the termination of the investigation into alleged violation of the Foreign Corrupt Practices Act (“FCPA”) by US industrial gas supplier Linde North America Inc., Linde Gas North America LLC, together with certain subsidiaries and affiliates (collectively, “Linde” or “Company”). Although this is the sixth time the DOJ has refused to sue a company as part of the FCPA Pilot Program, this was the first FCPA-related declension announced by the DOJ since Donald Trump took the US presidency. In addition, this is the first decline in which a company is forced to repay the profits obtained illegally and its illegal profits are confiscated.

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