Labor & Employment

Situs of Injury under the Longshore Act

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11/29/2016Bilisoly, F. Nash

Under the Longshore and Harbor Workers Compensation Act (“LHWCA”), a worker injured over water clearly falls under the Act, no matter his occupation. If the individual is injured on land, he is covered only if his occupation is “maritime” in nature and does not work too far away from the water to qualify for LHWCA… Read more »

The Federal Contractor “Blacklisting” Regulations are Temporarily Enjoined

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10/05/2016Buckius, Dean T.

LEGAL ALERT The Associated Builders and Contractors of Southeast Texas and other trade associations scored a major victory on October 24, 2016, benefitting all federal contractors. In a lawsuit that the trade associations filed, the U.S. District Court for the Eastern District of Texas issued a nationwide temporary injunction to stop implementation of the dreaded… Read more »

Updates on Employment Eligibility

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09/01/2016Vandeventer Black

Have You Accessed E-Verify Lately?  Effective August 1, 2016, the United States Citizenship and Immigration Service (“USCIS”) will deactivate E-Verify accounts that have not been accessed in 270 days.  To avoid losing your company’s E-Verify user identification credentials and account, ensure that someone from the company logs into E-Verify at least once every 270 days… Read more »

In Preparing for the FLSA Salary Increase, the Fluctuating Workweek

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08/21/2016Bibeau, Anne G.

Method and BELO Contract may not be Right for your Business LAW TIPS By now, you all are aware that on December 1, 2016, the salary threshold for the Fair Labor Standards Act (FLSA) white collar exemptions is about to jump to $47,476 per year. With estimates that 4.1 million workers will become non-exempt as… Read more »

Who do you think is a Longshoreman?

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08/15/2016Bilisoly, F. Nash

THE SEARCH BEGINS: THE IMPACT OF PRIOR LEGISLATION, LEGAL DECISIONS AND DOL INTERPRETATIONS OF THE ACT The Impact of Prior Legislation, Legal Decisions and DOL Interpretations of the Longshore and Harbor Workers’ Compensation Act Presented by F. Nash Bilisoly of Vandeventer Black, LLP Personal injury recovery in maritime law is inseparably linked to the status of… Read more »

Businesses Have New Tool to Protect Trade Secrets

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05/25/2016Klinedinst, Arlene F.

LEGAL ALERT Authored by Anne G. Bibeau, Dean T. Buckius & Arlene F. Klinedinst Businesses Have New Tool to Protect Trade Secrets On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA) amending the Economic Espionage Act, 18 U.S. Code Section 1836.  The DTSA creates a new, federal, civil cause… Read more »

Important Changes Pending to FLSA Exempt Status and Overtime Regulations

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05/09/2016Bibeau, Anne G.

The Vandeventer Black Construction and Government Contracts and Labor and Employment Law Groups have noted some important pending changes to the FLSA Exempt Status and Overtime Regulations. The Changes: The U.S. Department of Labor (DOL) is issuing regulations updating the Fair Labor Standards Act (FLSA). We anticipate that the final regulations will be issued this… Read more »

U.S. Department of Labor Issues Proposed Rule on Mandatory Paid Sick Leave for Federal Contractors

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04/27/2016Bibeau, Anne G.

Authored by Anne Bibeau The U.S. Department of Labor (DOL) has published a Notice of Proposed Rulemaking (NPRM) to implement President Obama’s Executive Order (EO) 13706, “Establishing Paid Sick Leave for Federal Contractors.” The EO requires that for federal contracts issued on or after January 1, 2017, federal contractors and subcontractors must provide their employees… Read more »

Wage and Hour Issues for Tipped Employees

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03/31/2016Bibeau, Anne G.

Authored by Anne G. Bibeau, Esq. Business owners often don’t give the Fair Labor Standards Act (FLSA) any thought until they are served with an FLSA lawsuit or the U.S. Department of Labor (DOL) pays a visit. Although the law has been around for longer than most businesses (since 1938), employers still struggle to understand… Read more »

Driver Privacy Act Now Protects Information Contained Within Your Vehicle

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02/29/2016Vandeventer Black

Authored by Spencer Guld On December 4th, 2015, President Obama signed the Driver Privacy Act of 2015, which was enacted to address privacy concerns for data collected in a car’s event data recorder (EDR). The purpose of the Act was to ensure that contained in an EDR information could not be freely accessed by anyone other… Read more »