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On September 24, 2019, the U.S. Department of Labor (“DOL”) revised the salary threshold for the Fair Labor Standards Act (“FLSA”) exemptions. The change could cause millions of Americans to be reclassified as non-exempt.The FLSA requires employers to pay overtime wages for all time worked in excess of 40 hours per week. However, certain positions can be classified as “exempt,” allowing employers to disregard the overtime requirement. The exemptions are available for executive, administrative, and professional employees. To qualify, the employee must perform specific duties and be paid on a salary basis that meets a minimum salary level. Pursuant to…
Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel (“OGC”) of the National Labor Relations Board (“NLRB”).  Acknowledging the virtually unfettered control Uber drivers’ have over their cars, work schedules, and log-in locations, as well as their freedom to work for Uber’s competitors, the OGC determined that such autonomy provides the drivers with significant entrepreneurial opportunity, making them independent contractors. Three separate unfair labor practice charges had been filed with the NLRB by UberX and UberBLACK drivers,…
Construction contracts often contain agreements requiring mediation before a party may file a lawsuit.  However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit.  Given that mediation is not binding and does not guarantee a resolution, can a party ignore a contractual agreement to mediate and instead go right to litigation?  A recent Kentucky federal court decision said no, a party cannot ignore a previous contractual agreement to mediate. See Mitsui Mumitomo Insurance USA, Inc. v.  Denham-Blythe Company Inc., et al., No. 5:18-CV-152-JHM, 2019 WL 1938791 (E.D. Ky.…
A federal judge in the Eastern District of Pennsylvania dismissed a lawsuit last week where a former employee alleged that she was fired because she was a lesbian, in violation of Title VII of the Civil Rights Act. The judge dismissed the case by upholding Third Circuit precedent (to which Pennsylvania federal courts are bound) from 2001 holding that Title VII does not protect employees because of their sexual orientation. The case is Doe v. Parx Casino, Case No. 2:18-cv-05289 The Case In her complaint, the former employee who was a table dealer at Parx Casino, alleged numerous instances of…
A federal judge in the Eastern District of Pennsylvania dismissed a lawsuit last week where a former employee alleged that she was fired because she was a lesbian, in violation of Title VII of the Civil Rights Act. The judge dismissed the case by upholding Third Circuit precedent (to which Pennsylvania federal courts are bound) from 2001 holding that Title VII does not protect employees because of their sexual orientation. The case is Doe v. Parx Casino, Case No. 2:18-cv-05289 The Case In her complaint, the former employee who was a table dealer at Parx Casino, alleged numerous instances of…
On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test. While there are exceptions in the bill for safety sensitive positions and other specific types of employment, this bill demonstrates a change in pre-employment drug testing in New York City and employers should take note. The bill is expected to be signed into law by Mayor DeBlasio imminently.  The language in the bill specifically prohibits employers, labor organizations, and employment agencies from requiring a “prospective employee to submit to testing for the presence…
Saul Ewing Blogs | Western District of Pennsylvania Denies Cross-Motions for Summary Judgment Where Disputed Facts Exist on Claims of a “Low-Ball” Initial Settlement Offer and Unreasonable Delay in Tendering Policy Limits X Search our Site Suggested Links…
The more articles and blogs I write about planning for retirement, the more advice I get from people who have retired or are in the planning stages. Since the concept of retirement is still a mystery for many, I thought I would pass along some advice I have received: 1. Health maintenance. There is probably nothing more important than preserving your health in retirement as long as you can. Visit your doctor(s) on a regular basis, and consider even taking their advice. Exercise, eat right; you know this drill. 2. Ask your kids. Ask them what they want from among…
FDA Update: Agency Seeks to Strengthen Public Warning and Notification of Recalls, Exercises FSMA Enforcement Discretion Within the past few weeks, the U.S. Food and Drug Administration (FDA or the Agency) has, among other things: Issued a Draft Guidance to strengthen public warning and notification of recalls of foods, drugs, medical devices, and cosmetics (Recall Draft Guidance); and Released a Guidance outlining key areas where the Agency intends to exercise enforcement discretion in four of the rules that implement aspects of the FDA Food Safety Modernization Act (FSMA) (FSMA Enforcement Discretion Guidance). Recall Draft Guidance On January 17, 2018, FDA…
Menu Labeling Update: FDA Issues New Guidance, Plans to Implement Rule in May 2018 Yesterday, the U.S. Food and Drug Administration (FDA or the Agency) released a draft guidance, “Menu Labeling: Supplemental Guidance for Industry” (Draft Guidance). In the Draft Guidance, FDA addresses comments it received on the May 2017 interim final rule (IFR) extending the compliance date for the Menu Labeling Final Rule (Menu Labeling Rule or the Rule) from May 5, 2017 to May 7, 2018. By way of background, the Agency’s Menu Labeling Rule (discussed here, here, and here) requires restaurants and…
From Esau, who rashly traded his birthright to his twin brother Jacob for a cup of soup, to King Lear’s ill-conceived plan to leave his riches to only two out of three daughters, family dynamics can lead to estate problems. Any one — or more — of the following six situations can easily lead to a court battle for control if the scenarios are not properly addressed during the estate planning process: 1. Multiple marriages with children from current and previous relationships.2. An elderly widow or widower who changes the disposition of wealth shortly before death.3. Significant wealth, including a family…
FDA Warns Companies Marketing Unsubstantiated Marijuana-Derived Products That Claim to Treat or Cure Cancer ​Earlier this week, the U.S. Food and Drug Administration (FDA or the Agency) issued Warning Letters to four companies – Greenroads Health, Natural Alchemist, That’s Natural! Marketing and Consulting, and Stanley Brothers Social Enterprises LLC – citing unsubstantiated claims related to more than 25 different products sold online that allegedly contain cannabidiol (CBD), a component of the marijuana plant that is not FDA approved in any drug product for any indication. These actions were not surprising given FDA Commissioner Scott Gottlieb’s recent testimony
There have been significant movements in Congress to try to come up with a final compromise bill to resolve the impasse that has been in existence for the past two and one-half years (2½) years. It is difficult to predict when the new legislation will be finalized, but there seems to be a very strong sentiment that final legislation could be finalized by the end of this year, although there is an equal chance that the legislation will not be finalized until next year. It is difficult to predict how the final legislation will come out and when it will…