Department of Labor Proposes New Rule on Joint Employment Status

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04/03/2019Pierce, Michael D.

On April 1, 2019, the Department of Labor (DOL) announced a proposed rule revising the standard for joint employer status under the Fair Labor Standards Act (FLSA). Once the proposed rule is published in the Federal Register, the public will have 60 days to submit comments to DOL for review. Interested parties may submit comments… Read more »

The Department of Labor Proposes New Rule Regarding the Regular Rate of Pay

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03/29/2019Bibeau Anne G.

The U.S. Department of Labor (DOL) will publish a proposed rule on March 29, 2019, to amend the Fair Labor Standards Act (FLSA) regulations regarding the regular rate of pay (RROP). Interested parties may submit comments on the proposal at www.regulations.gov in the rulemaking docket RIN 1235-AA24 by May 28, 2019. The proposed rule is… Read more »

U.S. Department of Labor Proposes New Salary Threshold

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03/08/2019Bibeau Anne G.

After much anticipation, the U.S. Department of Labor (DOL) has finally proposed new regulations to increase the salary threshold for the Fair Labor Standards Act (FLSA) “white collar” exemptions. The notice of proposed rulemaking would raise the salary threshold to $679 per week ($35,308 per year). Since 2004, the FLSA salary threshold for white collar… Read more »

Trump “Strengthens” Buy-American Act:

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02/25/2019Ostroff, Gretchen M.

On January 31, 2019, the President signed another Executive Order which purportedly “strengthen[s] Buy-American principles” for federally-funded infrastructure projects.  This Executive Order was not President Trump’s first effort at creating a preference for American-made goods.  Just four days into office, he signed a Presidential Memorandum aimed at requiring “materials and equipment produced in the United… Read more »

Deborah M. Casey Named as ‘Influential Women of Law’ for 2019

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01/30/2019Casey, Deborah M.

Attorney Deborah M. Casey, a Vandeventer Black AV Preeminent® rated partner and Executive Board member, will receive the Influential Woman of Law for 2019 distinction on February 18, 2019. This recognition is awarded by Virginia Lawyers Weekly as part of the inaugural class of Virginia’s leading women attorney program. “Debbie’s integrity and character are demonstrated in many… Read more »

Mediation: What Is It And Why Do It?

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01/22/2019Lowenstein, Neil S.

Mediation is often confused with arbitration. They have similarities, including that both are overseen by third-party neutrals that do not have financial stakes in the outcomes. The key difference is that while arbitration results in the neutral evaluating the outcome (which typically is binding, but by agreement can be non-binding), while in mediation the third-party… Read more »

Virginia and Fourth Circuit Case Summaries

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01/18/2019Rixey, James B.

In PNC Bank N.A. v. Dominion Energy Mgm’t Inc., 2018 U.S. Dist. LEXIS 62577 (E.D. Va. April 12, 2018), the Eastern District of Virginia held that an individual has the opportunity and capacity to read loan documents cannot avoid liability by claiming fraudulent inducement based on oral statements allegedly made by bank representatives different from… Read more »

Patent Trolls – What Businesses Need To Know

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01/17/2019Gallo, Jonathan V.

One day, you receive a letter from a company or law firm accusing your business of patent infringement.  The letter states that in order to avoid a costly lawsuit, you must pay the company a licensing fee.  You ask yourself whether this is some type of scam and you consider simply throwing the letter away… Read more »

Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part Two)

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01/16/2019Vania Ratliff

(PART TWO) This is the second and last of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. As Appointments Clause Challenges Continue to Rise, Should Employers and Insurance Companies be Concerned about Re-litigating the Decisions Where an ALJ has Denied… Read more »