Cyber Liability Insurance – Does Your Retail Business Need It? The news is full these days of hackers stealing credit card and other customer information from United States retailers such as Home Depot, Target, and Neiman Marcus (and the federal government) among others. These mega-breaches make great headlines, but what about smaller retailers? Are smaller […]
Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could prove very important for employers who pay […]
California Court Approves FLSA Formula For Flat Bonuses The California Court of Appeal provided employers with a small New Year’s gift for 2016: on January 14, in Alvarado v. Dart Container Corporation of California, it affirmed that an employer’s formula for calculating overtime, based upon federal law rather than upon a formula in the California […]
The SEC’s Enforcement Of An Elastic “Internal Controls” Requirement The SEC knows that it has broad enforcement authority. In the FCPA arena, the SEC has civil authority over bribes, but more importantly, enforcement authority over books and records and internal controls. It is this latter concept – “internal controls” which can be stretched and used […]
A Month in UK Employment Law – April 2016 News & Legislation Update Gender Pay Gap Reporting Draft Regulations published The first draft of regulations requiring any employer in the UK with at least 250 employees to publish information about the difference in pay between men and women was published in February 2016. Although subject […]
Boardroom Perspectives: Oversight of Material Litigation in Four Practical Steps Public companies in the United States are subject to litigation in various areas, including: shareholder litigation; government investigations and enforcement actions; environmental litigation and intellectual property disputes. While certain litigation may be frivolous or merely routine, other claims may be costly and potentially damaging to […]
Finally, a Minimum Wage Comes to Germany. Are Employers Ready? Employers should act now to ensure all employees — including contractors’ employees — receive adequate pay to avoid risk of significant fines. 21 of the 28 member states of the European Union have minimum wage laws. On 1 January 2015, Germany will become number 22. […]
Orrick’s Financial Industry Week in Review Financial Industry Developments CFPB Finalizes Rule Aimed at Improving Credit Card Agreement Submission Process On April 15, the CFPB issued a final rule aimed at improving the way that companies submit consumer credit card agreements to the CFPB. Press Release. SEC Adopts Updated EDGAR Filer Manual On April 13, […]
Six Regulatory Agencies Issue Joint Final Diversity and Inclusion Standards Section 342 of the Dodd-Frank Act required all agencies subject to Dodd-Frank, including the Bureau of Consumer Financial Protection (CFPB), to create an Office of Minority and Women Inclusion (OMWI) to develop standards to assess the diversity and inclusion efforts of entities subject to regulation […]
New Oregon Law Mandates Sick Leave Policy for Most Employers – Oregon Enacts Mandatory Paid Sick Leave Effective Jan. 1, 2016 HIGHLIGHTS: New Oregon law establishes policy regarding sick leave. All employers that are subject to these new laws should review their policies to make certain they comply. Senate Bill 454 mandates statewide mandatory paid […]