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Under federal and California law, employers must include most bonuses and incentives in the “regular rate” for paying overtime, as well as meal and rest period premium pay. Often, such as with a monthly or quarterly bonus, an employer pays a bonus or incentive after paying overtime worked.

Buying a car has evolved from the days of brick and mortar dealerships to e-commerce, where consumers can select their preferred dealer, reserve, order, finance, and purchase a new or used vehicle in a seamless transaction. Is the metaverse the next evolution for buying a car?

It provides guidance on a number of issues involving expenses and claims.

Headlines that Matter for Companies and Executives in Regulated Industries

In a recently issued 8 to 1 Decision in Viking River Cruises, Inc. v. Moriana, the United States Supreme Court held that individual claims based on the “only in California” Private Attorneys General Act (PAGA) may be compelled to arbitration.

One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA).

Companies are facing enormous social, cultural, and political issues, from the reversal of Roe v. Wade and a focus on LGBTQ laws to the recent massacre in Buffalo, racial and social justice issues are once again at the forefront.

The US Supreme Court has held that airline cargo loaders who load and unload cargo from planes that travel across state lines are exempt from the Federal Arbitration Act (FAA) because they belong to a “class of workers engaged in foreign or interstate commerce.”

Though the House of Representatives passed the Secure and Fair Enforcing Banking Act (“SAFE Banking Act” or “the Act”) on April 19, 2021, the bill was dropped from the final version of the larger China COMPETES ACT last week after it failed to muster the requisite support in the Senate.

Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have given rise to significant legislative developments this year.  

Large companies often have numerous divisions, each focusing on a unique aspect of the corporate mission for the benefit of the entire enterprise. There are situations, however, in which the parent company decides it is beneficial to “spin-off” one of these divisions from the rest of the company.

ArentFox Schiff is pleased to announce that the firm has again been ranked by Managing Intellectual Property magazine as IP Stars.

California employers do not have to pay applicants for time or expenses related to taking a pre-employment drug test, when the employer made hiring contingent on passing the test, according to a recent decision. 

The Ohio State University has successfully obtained a trademark registration for the word “THE,” which has been the university’s moniker and rallying cry at sporting events for decades. The trademark registration covers “clothing, namely, t-shirts, baseball caps and hats.

In an issue of first impression for the jurisdiction, the Bankruptcy Court for the Northern District of Illinois has ruled that a subchapter V debtor “substantially consummated” its plan by paying less than $1,500 in distributions to creditors and, as a result, could no longer modify the plan.

Medical marijuana has been legal, in the District of Columbia, since 2010. And since 2015, the City has permitted adults to use marijuana recreationally. Earlier this month, the City Council went further by unanimously passing a bill to protect many marijuana users against adverse job actions.

Partner Dan Deeb discussed how companies may be impacted by the US Environmental Protection Agency’s proposal to designate two PFAS chemicals as hazardous under CERCLA, the first time the agency has made a new designation regarding any PFAS compounds.

Partner Anne Murphy will present at the American Health Law Association’s (AHLA) Annual In-House Counsel Program on June 26 in Chicago.

Partner Ann MacDonald, Vice Chair of DRI’s Retail and Hospitality Committee, is presenting at the organization’s 2022 Retail and Hospitality Litigation Seminar on June 24, 2022 in Atlanta.

During the Trump administration, the National Labor Relations Board was not known for advancing immigrant worker rights. That changed last year, when Jennifer Abruzzo became its general counsel.

CMS recently imposed Civil Monetary Penalties against two Georgia hospitals for failing to comply with the 2021 Price Transparency Rule, which requires hospitals to publish the standard costs of their items or services on a public website. 

Headlines that Matter for Companies and Executives in Regulated Industries

The California Privacy Protection Agency (CPPA) published California Privacy Rights Act (CPRA) proposed regulations (Regulations) on May 27, 2022. The Regulations provide helpful insight into the CPPA’s vision for the CPRA and help to better prepare businesses.

On June 7, 2022, the Fourth Circuit Court of Appeals unanimously held that the exceptions to discharge found in section 523(a) of the Bankruptcy Code, which ordinarily exclusively apply to individual debtors, also apply to small business corporate debtors in chapter 11 bankruptcy under subchapter V.

Over two decades ago, in Brown v. Brody, 199 F.3d 446, 457 (DC Cir. 1999), the DC Circuit held that an employer that discriminatorily denies or forces an employee to accept a job transfer violates Title VII only if the employee suffers “objectively tangible harm,” like reduced pay or benefits.