Alerts & Newsletters

Due in part to the #MeToo movement, employers have experienced an influx of workplace sexual harassment claims. More than ever, employers have been reminded of their legal and ethical duties to create harassment-free workplaces. These duties involve preventing foreseeable sexual harassment including proactively training employees about discrimination and harassment. This also entails properly investigating sexual harassment claims and immediately correcting known harassment. This Issue Brief outlines key points to assist employers in carrying out these crucial responsibilities.

In Texas, the tenant’s right to receive notice of appraised property values can create an administrative headache for multi-tenant landlords. however, recent revisions to Texas tax code law make it clear that landlords can avoid that concern with a well-drafted lease.

In 2017, the Cayman Islands passed the Data Protection Law (“DPL”), which reads much like the upcoming European Union General Data Protection Regulation (“GDPR”) that goes into effect Mary 25, 2018. The DPL applies to entities falling within the definition of “data controller” who are established in the Islands or who process data in the Islands.

In light of the increasing significance of cybersecurity incidents, the Securities and Exchange Commission (SEC) recently found it necessary to provide further guidance with respect to cybersecurity disclosure requirements under the federal securities laws as they apply to public operating companies.

On April 2, 2018, the United States Supreme Court in Encino Motor Cars, LLC v. Navarro, Justice Thomas writing for the majority, held that car dealership “service advisors” are “salesm[e]n… primarily engaged in… servicing automobiles” and therefore are exempt from the FLSA’s overtime requirements under 29 U.S.C. § 213(b)(10)(A). Significantly, in addition to issuing a ruling that is favorable to auto dealerships, the Court also provided useful language to all employers based on its view of how FLSA overtime exemptions should be construed.

In February, Dykema published a summary of 2017 Michigan legislation designed to address the opioid crisis that has gripped the country. On March 22, 2018, the Michigan Legislature passed HB 5678, which delays implementation of the bona fide prescriber-patient relationship requirement that was to go into effect March 31, 2018.

For more than 25 years, the Americans With Disabilities Act (ADA) has knocked down barriers that prevented disabled people from fully participating in society, and made physical locations from public parks and buildings to sports stadiums more accessible to everyone. The ADA was so effective in its mission that it’s difficult to find a location today that hasn’t been built or retrofitted for accessibility.

On March 6th, the U.S. Department of Labor’s Wage and Hour Division announced a new compliance initiative that will be attractive to many employers. It's called the “Payroll Audit Independent Determination Program,” a/k/a “PAID.”

On February 26, 2018, the California Office of Administrative Law approved the DMV’s final regulatory package for driverless autonomous vehicles. Beginning April 2, 2018, autonomous vehicles can be operated on public roads with a remote operator.

On February 21, 2018, the Supreme Court issued its opinion in Digital Realty Trust, Inc. v. Somers __ U.S. __, No. 16-1267 (February 21, 2018), a retaliation case brought by a former employee of Digital under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).

Update: Since this alert was published, some of the effective dates have changed. To see an updated version of this alert with new effective dates, please click here.

In response to the opioid crisis that has gripped the country, the Michigan Legislature passed a set of bills in 2017 that imposes new requirements in 2018 on individuals and entities who prescribe and dispense controlled substances. Because failure to comply with these requirements may constitute misconduct subject to professional discipline, it is important for all prescribers, prescribing dispensers, pharmacists and pharmacies to understand and follow these new requirements.

The Department of Justice’s (“DOJ”) Commercial Litigation Branch recently issued a January 10, 2018, internal memo (“Granston Memo”) discussing the need for dismissal of “meritless” qui tam False Claims Act (FCA) cases.

Many businesses keep records for audits from the Internal Revenue Service, but businesses should also now be ready to preserve certain records for their brands or provide them in advance to their attorneys, to prepare for subsequent “Trademark Audits” to maintain trademark registrations at the U.S. Patent and Trademark Office (PTO).

The 2018 proxy season brings forth a number of trending topics and new considerations public companies should bear in mind.

Yesterday, January 22, 2018, President Trump announced the imposition of tariffs on imported solar panel components (solar cells and solar modules). The tariffs will be in place for four years, will start at 30 percent in the first year (2018), and will gradually decline by 5 percent each year to a 15 percent tariff in year four. The first 2.5 gigawatts of imported solar cells will be exempt from the tariffs each year.

There is now a new way to conduct a property tax appeal hearing in Texas. The Texas Legislature passed a property tax-related bill for Chapter 41 tax protests that allows for a hearing before the Appraisal Review Board to be conducted by conference call.

Significant new tax changes for both individuals and businesses have just been enacted, with most provisions becoming effective in 2018. Because of the dramatic changes in rates and permissible deductions, certain 2017 year-end tax planning actions may be beneficial for you. This Alert describes a few items for consideration.

Hackers are on the prowl! With an increase in traffic of W-2 information in order to meet Internal Revenue Service deadlines, now is the time of year when hackers target organizations. Hackers seek out W-2 information because it provides valuable information such as an employee’s name, social security number, and address which allow them to impersonate an individual for financial gain.

Last week was anything but dull at the National Labor Relations Board. The Board only recently shifted from having a Democratic majority under President Obama to a Republican majority under President Trump, and a new General Counsel has just been appointed. Further, the Chair appointed by President Trump, Philip Miscimarra, left the Board this past Saturday.

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced a revised “FCPA Corporate Enforcement Policy” (“Policy”) that encourages voluntary disclosures of Foreign Corrupt Practices Act (FCPA) violations. Rosenstein explained, “[w]e want corporate officers and board members to better understand the costs and benefits of cooperation. The [P]olicy therefore specifies what we mean by voluntary disclosure, full cooperation, and timely and appropriate remediation.”

The Supreme Court, in recent years, has addressed the intersection of technology with the long-established principles of the Fourth Amendment that protect individual privacy. Last month, the Court heard oral argument for another Fourth Amendment privacy case, Carpenter v. United States.

On November 27, 2017, the Marion County Superior Court in Indiana shocked the retail leasing world by granting Simon Property Group, L.P. a preliminary injunction requiring Starbucks Corporation to continue its operations of its Teavana retail stores (see Simon Prop. Group, L.P. v. Starbucks Corp., No. 49D01-1708-PL-032170 (Ind. Super. Ct., Marion, filed Aug. 21, 2017)). No court had previously given injunctive relief to specifically enforce a continuous operations clause against a non-anchor tenant on a national basis such as this.

On Thursday, November 9, Chairman Orrin Hatch (R-UT) of the Senate Finance Committee released draft tax reform legislation. On the same day, the House Ways and Means Committee passed H.R. 1, the Tax Cuts and Jobs Act, with amendments on a party-line vote of 24-16.

On January 1, 2018, California Assembly Bill 1008, the California Fair Chance Act, also known as the “Ban the Box” law, will take effect regulating employers decisions to deny employment to an applicant based on his/her conviction history.

On Thursday, November 2, Ways and Means Committee Chairman Kevin Brady (R-TX) released long-awaited tax reform legislation. 

The European Union’s General Data Protection Regulation (GDPR) takes effect May 25, 2018. The GDPR will affect companies all over the world, regardless of whether they are located in the EU. Many U.S.-based companies are surprised to find they must also comply or risk facing large fines. If these regulations apply to your company now, or may in the future, you can’t afford to wait. If your company is affected, are you ready?