Legal Updates

DOJ’s First Wage Fixing Indictment Survives a Motion to Dismiss Because Court Finds Wage-Fixing Agreements are Illegal Per Se

Within the last year, the U.S. Department of Justice (DOJ) brought its first indictments alleging criminal wage-fixing conspiracies and criminal no-poach conspiracies among competing employers.  In December 2020, DOJ indicted the president of a staffing company for violating Section 1 of the Sherman Act by allegedly conspiring with competitors to fix wages paid to physical therapists.  A month later, DOJ indicted a corporation for violating the Section 1 of the Sherman Act because it allegedly entered into “naked no-poach agreements,” pursuant to which it agreed not to solicit senior employees of two competitors   In March 2021, DOJ filed its second wage-fixing indictment, which also alleged a conspiracy to allocate workers.  As reported here and here, these indictments were the culmination of the DOJ’s Policy, contained in its 2016 Antitrust Guidance for Human Resource Professionals (“Antitrust Guidance”) to bring criminal charges against employers who conspired to suppress wages, either through wage-fixing agreements or naked no-poach agreements.

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Overview of Proposed Paid Leave Program Under the Build Back Better Act

On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (BBBA or the Act), [1] which, if enacted, would be the first federal enhancement of family and medical leave for private sector workers since the enactment of the Family and Medical Leave Act (FMLA) in 1993. While the BBBA does not go as far as initially proposed (12 weeks of paid leave), it would expand upon the FMLA’s current unpaid protections by providing up to four weeks of paid caregiving leave. Further, the BBBA would allow paid leave benefits for a broader group of eligible workers and for additional qualifying family members beyond those covered by the FMLA. If enacted, the paid family leave program would become effective January 2024.

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Buying & Selling Real Estate: An International Guide

Buying & Selling Real Estate: An International Guide
Authors: Giorgio Cherubini, Giuseppina De Stefano EXP Legal is member of the International Lawyers Network,…
Giorgio Cherubini
Giuseppina De Stefano

International Lawyers Network is in the top 2% of law firm networks globally and recently shortlisted for global law firm network of the year, with 91 high-quality, full-service, and specialized law firms with over 5,000 lawyers in 67 countries on 6 continents.

We have developed strong relationships with other real estate colleagues all over the world, which help keep EXP Legal on the cutting edge of worldwide trends and issues in real estate law and allows us to confidently cover our clients’ needs.

The ILN has announced the sixth edition of their real estate guide, “Buying & Selling Real Estate: An International Guide“, which we thought you would find valuable. EXP Legal is one of the contributors for the jurisdiction of Italy.

The collaborative electronic guide provides a summary of key real estate law principles in 31 jurisdictions internationally, which has expanded by three chapters over last year’s edition. It is designed to serve as a quick and practical reference for those buying and selling real estate in these jurisdictions. Some of the key jurisdictions highlighted in the guide, which you may find of value, include U.S., Hong Kong, India, Brazil and Italy.

To view the guide, please click here.

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In nationwide data security breach class action lawsuit, Sixth Circuit rules that arbitrator – not federal district court – should decide whether the claims must be arbitrated

The Sixth Circuit ruled against e-commerce provider StockX in a nationwide data security breach putative class action lawsuit on December 2, 2021, deciding that an arbitrator – not the federal district court – will decide whether parties to an arbitration agreement have to arbitrate their dispute unless a party specifically challenges the delegation clause in an arbitration agreement. The Sixth Circuit’s ruling affirmed the district court’s order compelling arbitration and dismissing the case. Read more…

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Update on Garden Leave Provisions in Employment Agreements

Thomson Reuters Practical Law has released the 2021 update to “Garden Leave Provisions in Employment Agreements,” co-authored by our colleagues Peter A. Steinmeyer and Lauri F. Rasnick.

This Practice Note discusses garden leave provisions in employment agreements as an alternative or a companion to traditional employee non-compete agreements. It addresses the differences between garden leave and non-compete provisions, the benefits and drawbacks of garden leave, and drafting considerations for employers that want to use garden leave provisions. This Note applies to private employers and is jurisdiction neutral.

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You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions

Two federal judges in New York City have dismissed putative consumer class actions alleging deceptive marketing in connection with snacks and baked goods. The judges held that a reasonable consumer would understand that the products’ use of “butter” in their names, when viewed in context of the packaging as a whole, did not mean the products contained no other fats or oils. The courts therefore held that the plaintiffs had no claims under New York’s deceptive trade practices or false advertising statutes based on the foods’ containing vegetable oils or other shortening. Read more…

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Courts Grant Preliminary Injunctions Placing CMS Interim Final Rule on Hold

As we previously reported, the Centers for Medicare and Medicaid Services’ (CMS) interim final rule (“the Rule”) requiring full COVID-19 vaccination for staff and others at Medicare- and Medicaid-certified providers and suppliers (i.e., the “vaccine mandate”) has been challenged in the U.S. District Courts for the Eastern District of Missouri (“the Missouri Court”) and the Western District of Louisiana, Monroe Division (“the Louisiana Court”).  As of the date of this writing, both Courts have granted preliminary injunctions placing the Rule on hold.

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CMS Interim Final Rule Stayed

As we previously reported, the Centers for Medicare and Medicaid Services’ (CMS) interim final rule (“the Rule”) requiring full COVID-19 vaccination for staff and others at Medicare- and Medicaid-certified providers and suppliers (i.e., the “vaccine mandate”) has been challenged in the U.S. District Courts for the Eastern District of Missouri (“the Missouri Court”) and the Western District of Louisiana, Monroe Division (“the Louisiana Court”).  As of the date of this writing, both Courts have granted preliminary injunctions placing the Rule on hold.

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Time Is Money: A Quick Wage-Hour Tip on … Independent Contractor Classification

Misclassifying workers as independent contractors rather than employees is a costly mistake.  Among the many issues arising from misclassification is potential liability under federal and state minimum wage and overtime laws.  As the laws continue to change and develop, so do the risks to contracting entities.

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ILN Releases 6th Edition of Real Estate Publication, Offering a Summary of Key Real Estate Law Principles in 31 Countries

“Unwrap” the latest edition of the ILN Real Estate Group’s Guide for Buying & Selling Real Estate!

The International Lawyers Network’s Real Estate Specialty Group is excited to announce the sixth release of its real estate publication, “Buying & Selling Real Estate: An International Guide.” This collaborative electronic guide offers a summary of key real estate law principles in 31 countries across the globe, serving as a quick, practical reference for those buying and selling real estate in these jurisdictions.

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