Employers face the dual struggle of protecting the safety of their workforce and their products while simultaneously complying with laws addressing background check information. On one hand, it can be a risk to hire a candidate with a concerning criminal background. On the other hand, missing a technical step in the various laws could lead to devastating and expensive liability.
On September 29, 2016 Amy L. Hemenway, Partner in the Labor and Employment Practice Group at Harter Secrest & Emery, will participate in a breakfast forum titled Overtime Understood at Milos Restaurant in Williamsville. She and Joseph Wutz, a Manager with The Bonadio Group, will discuss the implications of the Department of Labor’s new overtime rules for non-profit businesses.
HSE Labor and Employment attorneys Amy L. Hemenway and Benjamin E. Mudrick discussed the Department of Labor's May 18th final rule implementing changes to the tests to qualify for the white collar exemptions from overtime under the federal Fair Labor Standards Act.
On May 18, 2016, the U.S. Department of Labor announced a final rule calling for changes to the regulations governing the three white collar (executive, administrative and professional) exemptions from overtime under the federal Fair Labor Standards Act. The final rule, which follows a proposed rule issued in July 2015, takes effect December 1, 2016.
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). Among other things, the DTSA provides immunity to individuals who disclose trade secrets in the course of a whistleblower retaliation lawsuit, provided the trade secrets are filed under seal, or who disclose trade secrets to the government and/or an attorney solely for the purpose of reporting or investigating a suspected violation of the law.