Legal Updates

5 data privacy and cybersecurity tips for construction firms

No industry is immune from data privacy and cybersecurity threats, and that includes the construction industry. Here are five data privacy and cybersecurity tips construction firms should consider putting to use to protect themselves against these looming threats. READ MORE

Read full article

Sole discretion and your franchise agreement

Many, if not all, franchise agreements have provisions giving the franchisor sole and absolute discretion to take or approve some action. On its face, an agreement in which the parties agree in advance to give sole discretion in decision making would appear to be virtually bullet proof from attack. However, there are exceptions. READ MORE

Read full article

Time Is Money: A Quick Wage-Hour Tip on… Navigating Travel Time Pay

What is considered compensable travel time pursuant to the Fair Labor Standards Act (“FLSA”) is not always clear or intuitive to employers, even for those who usually have a good handle on wage and hour laws. This blog post hopefully will simplify the requirements set forth in the U.S. Department of Labor’s (“DOL”) regulations and interpretive guidance to help clarify when employees must be paid for travel time.

Read full article

U.S. Department of Labor Issues Long-Awaited Final Rule Updating the Compensation Requirements for the FLSA’s Executive, Administrative, and Professional Exemptions Continue Reading…

For the past four-plus years, the U.S. Department of Labor (“DOL”) has actively pursued revisions to the compensation requirements for the executive, administrative, and professional exemptions to the Fair Labor Standards Act’s overtime requirement.  On September 24, 2019, DOL issued its Final Rule implementing the following changes, effective January 1, 2020:

  • The new general minimum salary for these exemptions increases from the current level of $455 per week ($23,660 per year) to $684 per week ($35,568 per year).
  • The new minimum annual compensation threshold for the highly compensated employee version of these exemptions increases from $100,000 to $107,432.
  • Employers may use commissions, nondiscretionary bonuses, and other incentive compensation to satisfy up to 10% of the salary requirement, provided that these payments occur no less frequently than annually, and subject to a single “catch-up” payment within one pay period of the close of the year.
Read full article

Federal Legislators Express Continued Concerns with Oversight of Medicare Advantage Plans

Based on findings of the Payment Accuracy Report recently issued by the Department of Health and Human Services (DHHS), six Democratic United States Senators questioned the Centers of Medicare and Medicaid Services’ (CMS) oversight and enforcement of Medicare Advantage (MA) plans. In a letter dated September 13, 2019, the Senators highlighted their belief that MA plans have been overbilling the federal government for years, specifically in excess of $30 billion dollars over the last three years.

The Senators requested that CMS provide a response on how the Agency intends to hold MA plans responsible for failing to meet purported contractual obligations, including the accuracy of risk adjustment submissions.

Read full article

Small Business Reorganization Act provides a new tool to restructure small franchisees

In an effort to make Chapter 11 relevant again, the president recently signed into law the Small Business Reorganization Act of 2019, which adds a new subchapter to Chapter 11 of the Bankruptcy Code intended to streamline the Chapter 11 bankruptcy process for companies that might not otherwise be able to afford the Chapter 11. READ MORE

Read full article

FDA Guidance Clarifies HDE Program Review

Earlier this month, the FDA released programmatic guidance intended to clarify the current review practices for the Humanitarian Device Exemption (“HDE”) Program (“Guidance”) reflecting recent changes in the HDE Program resulting from statutory amendments made by the 21st Century Cures. The Guidance addresses frequently asked questions about FDA actions on HDE applications, post-approval requirements, and includes a filing checklist to clarify the required information for the FDA to consider whether an HDE application is ready for substantive review.

Read full article

DOL’s new FLSA salary level rule effective January 1, 2020

On Sept. 24, 2019, the U.S. Department of Labor (DOL) issued the final rule on the new salary threshold for white-collar exempt status employees under the Fair Labor Standard Act. The new rule changes the current salary level for exempt employees from $23,660 per year to $35,308 annually. The new rule will be effective Jan. 1, 2020. Read more…

Read full article

Are social media influencers a valuable opportunity or potential liability to your franchise?

Using a social media influencer marketing campaign may seem like an organic or seamless way to promote a business. However, using influencer marketing may have legal implications for franchisors and franchisees subject to business opportunity laws and other federal regulations. READ MORE

Read full article

Are More Exemptions Warranted to New California Legislation Codifying and Expanding Dynamex’s “ABC Test” for Independent Contractor Status? Continue Reading…

There may soon be a fair number of big rig trucks for sale in California, as well as computers, desks and other material investments of persons who determine that they may no longer offer their services as independent contractors and must shut down their small businesses, a potential repercussion of new legislation intended to restrict the use of independent contractor status in the state.

Whether those and other practical consequences of the hurried passage of the new law were considered by the California legislature is unclear.

Read full article