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  • December 6, 2016
    Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women track and field athletes who ran at the University of Pennsylvania sued Penn, the NCAA and 120 other colleges claiming that they were employees entitled to minimum wage for all hours spent in track and field activities. Each received a scholarship, but consistent with Ivy League rules, their scholarships were not dependent on athletic participation.
  • December 2, 2016
    U.S. Citizenship and Immigration Services (“USCIS”) has announced a revised Form I-9. The old Form I-9 may only be used until Jan. 21, 2017, but employers are urged to transition to the new digital version of the form as soon as possible.
  • November 28, 2016
    The Equal Employment Opportunity Commission (EEOC) issued updated guidance on Nov. 21, 2016, regarding national origin discrimination for the first time since 2002. In 2015, 11 percent of all discrimination charges filed with the EEOC included allegations of national origin discrimination. The new guidance discusses Title VII’s prohibition against national origin discrimination and its application to all types of workplace settings, including hiring, firing, and discipline, in order to prevent employment discrimination on the basis of national origin.
  • November 23, 2016
    Just eight days before the Dec. 1, 2016, effective date, the United States District Court for the Eastern District of Texas entered a nationwide injunction prohibiting the U.S. Department of Labor from enforcing the recent regulatory changes issued pursuant to the Fair Labor Standards Act (FLSA). The DOL had previously published a proposed Notice of Rulemaking and, thereafter, a Final Rule which, as of Dec. 1, would have raised the minimum salary level for exempt employees from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). In addition, the Final Rule would have established an automatic updating mechanism that would have adjusted the minimum salary level every three years; the first automatic increase was scheduled to occur on Jan. 1, 2020.
  • November 22, 2016
    Poland’s Ministry of Finance published a draft bill which would authorize the establishment and operation of Polish Real Estate Investment Trusts (Spółki Rynku Wynajmu Nieruchomości) in Poland. At this stage, the proposal has not been officially presented as a bill to the Parliament, so the bill proposal may still undergo significant changes before becoming effective, but the main points are outlined below.
  • November 17, 2016
    As we explained in our March 24, 2016 alert, on March 23, 2016, the Department of Labor (“DOL”) finalized its “persuader” rule, which would have required that employers and legal consultants report all pay arrangements regarding attempts to persuade employees, either directly or indirectly, about their right to union representation or to bargain collectively.
  • November 15, 2016
    Durante su campaña para presidente, el Presidente-Electo Trump prometió repetidamente renegociar el TLCAN e imponer un arancel del 35 por ciento sobre las importaciones procedentes de México y un arancel aun mayor a las importaciones procedentes de otros países. Bajo la ley actual y salvo la promulgación de nuevas leyes, el Presidente de los EE.UU. tiene autoridad legal para tomar las medidas necesarias para retirar a los Estados Unidos del TLCAN y elevar los aranceles a las importaciones.
  • November 14, 2016
    During his campaign for president, President-elect Trump promised repeatedly to renegotiate NAFTA and impose a 35 percent tariff on imports from Mexico and even higher tariffs on imports from other countries. Under current law and absent the passage of new legislation, the U.S. President does have legal authority to take the requisite steps to withdraw the U.S. from NAFTA and raise tariffs on imports.
  • November 14, 2016
    The Michigan Court of Appeals has ruled that email deliberations among a quorum of public body members violates the Open Meetings Act. The Nov. 1, 2016, unpublished opinion was issued by a three-judge panel in the case of Markel v Mackley, Case No. 327617.
  • November 8, 2016
    Recently, the Internal Revenue Service (IRS) issued the updated retirement plan limitations for 2017. IRS Notice 2016-62 sets forth the 2017 limits to amounts that can be deferred under 401(k) plans, 403(b) and 457(b) plans as well as the catch-up contributions to 401(k), 403(b) and 457(b) plans.