Does a Third-Party’s Bonus Payment to Your Employees Require You to Pay More Overtime? Citing Clark Griswold, Appeals Court Says Not Necessarily.
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The Week in Weed: August 23, 2019
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.
We’ll start with New Jersey, which you will doubtless recall failed to legalize marijuana earlier this year. They are now expanding hemp production. The new law will allow CBD in food (both human and animal) and cosmetics.
Washington, however, is headed in a different direction. The state’s Agriculture Department just clarified that hemp and CBD in food or…
Finger pointing on agreement approvals but…
Lots has been said recently in the press about enterprise agreement making and the approval process by the Fair Work Commission (FWC). In short, the numbers of agreements being made is down and approval times are “long”. The graph below, recently cited in an AFR article, demonstrates a possible link between approval times slowing and a Full Bench decision involving Coles. But the numbers are turning.
It’s not the only decision at play and it’s…
Webinar Recap! Enforcement of Non-Competes: Increasing Difficulty Depending on State
In Seyfarth’s fourth installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Kristine Argentine, Eric Barton, and Katelyn Miller focused on the enforcement of non-competes and how the difficulty of enforcement of these restrictive covenants vary by state, especially based on recent legislation in various states.
As a conclusion to this webinar, we compiled a summary of takeaways:
While restrictive covenants are an important piece of many employment agreements in order to protect…
DOT Publishes Proposed Changes to Hours of Service Regulations for Commercial Motor Vehicle Drivers
By Benjamin D. Briggs, Brent I. Clark, Ilana R. Morady and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published this week a notice of proposed rulemaking (NPRM) on changes to “hours of service” (HOS) rules to “increase safety on America’s roadways.” 84 FR 44190 (Aug. 22, 2019). The proposal, if adopted, would update existing regulations for commercial motor vehicle (CMV) drivers.
FMCSA’s proposed rule–…
U.S. EPA Indicates that Air Pollution Trends Show Cleaner Air, Growing Economy
By Jeryl L. Olson and Craig B. Simonsen
Seyfarth Synopsis: The EPA has posted an interesting flyer on “Our Nation’s Air,” the Status and Trends Through 2018.
According to the EPA Administrator Andrew Wheeler, “one of America’s great but untold environmental success stories is that we have made – and continue to make – great improvements in our air quality, thanks largely to state and federal implementation of the Clean Air Act and innovation in…
Are Multi-State Employers “Rolled Too Tight” on their Drug Testing Policies?
In a time where marijuana legalization is rapidly expanding, all employers should reassess their workplace drug testing policies to be sure they are in compliance with existing and soon to be effective state and local laws. Currently, thirty-three states, the District of Columbia, and Puerto Rico have passed laws broadly legalizing marijuana in some form. Eleven of those states — Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington — and the…
Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage
By: Gina R. Merrill, David B. Ross, and Gerald L. Maatman, Jr.
Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class contained uninjured class members in the case of In Re Rail Freight Fuel Surcharge Antitrust Litigation, Dakota Granite Co, et. al. v. BNSF Railway Co., et. al.…
President Trump Issues Third Installment of Buy American Initiative
President Trump continues to push forward with his “Buy American, Hire American” initiative with the issuance of his third Executive Order No. 13881 (the “Order”) on July 15, 2019, entitled “Maximizing Use of American-Made Goods, Products, and Materials.” This Order attempts to strengthen the standards that federal agencies must follow under the Buy American Act (“BAA”) by raising the threshold for domestic purchasing requirements.…
Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues
By Linda C. Schoonmaker and Brian A. Wadsworth
Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance issues and following internal policies. This case serves as a good reminder for employers to continue to document performance issues and follow or, if necessary, revise internal company policies.
In Tatum v. Southern Co. Svcs, …