IAML Insights

January 15, 2015

On Wednesday, January 14, 2015, the U.S. District Court for the District of Columbia vacated the U.S. Department of Labor's new rule that purported to narrow the definition of "companionship services" exempt from overtime under the Fair Labor Standards Act.  Rejecting the DOL's arguments in support of the new rule, the court found that the...

January 15, 2015

In a speech given before the Federal Trade Commission (FTC) on Monday, January 12, President Obama proposed federal legislation that would impose a nationwide standard on companies that experience a data security breach. The proposed Personal Data Notification and Protection Act would require businesses to notify their customers within 30 days of...

January 14, 2015

While we regularly discuss many of the nuances of wage and hour law generally and the Fair Labor Standards Act in particular here on the blog— it is also important to focus on the basics. Periodically over the next several months, as the Department of Labor gets ready to issue revised FLSA regulations, we will take a look at some of the more...

January 14, 2015

Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings.  He also was a marine corps veteran who served in both Iraq and Afghanistan. Upon his discharge from the marines, Adam started his employment with EZEFLOW and quickly began experiencing seizures later determined to be caused by post-traumatic stress...

January 14, 2015

In Mendiola v. CPS Security Solutions, Inc., S212704 (Jan. 8 2015), California’s Supreme Court reaffirmed the rule that “hours worked” under California law includes all hours an employee is under the employer’s control, even when the employee is not actively engaged in carrying out his or her job duties.  Significantly, the court held...

January 13, 2015

When you file SEC reports, do you report litigation risks? Do you name employees involved?  An employer is headed to trial over whether it retaliated against a former employee by stating her name in SEC filings as the Charging Party responsible for a large EEOC investigation and conciliation.  The employer didn’t use to name names, then...