Employment Focus: January 2020
The SECURE Act – a Congressional holiday gift?

In the midst of holiday gift-giving Congress passed and the President signed an Act considered by many to be the most significant piece of retirement plan legislation since the Pension Protection Act of 2006. Whether the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) will ultimately be considered a gift to employers, only time will tell. In the meantime, this article will summarize the provisions expected to be most impactful on employers. 

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Free snacks: Department of Labor issues new final rule regarding “regular rate of pay”

For years, employers have struggled to determine how to calculate overtime compensation under the Fair Labor Standards Act (FLSA). The basic premise is relatively straightforward: for each hour worked in excess of the 40th hour in a given week, employers must pay their nonexempt employees at least one and one-half times their “regular rate of pay” for each hour worked. However, difficulties often arise when an employer is required to determine what a nonexempt employee’s regular rate of pay is during a given time period.

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Featured Attorneys
Andrew G. Fullett
Michael D. Leifman
Patricia Cadagin O'Brien
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Article of Interest:
California’s Fair Pay to Play Act

On Sept. 30, 2019, California Governor Gavin Newsom signed the Fair Pay to Play Act (California’s Pay to Play). The new law, which will go into effect on Jan. 1, 2023, gives student-athletes at colleges and universities in California the right to negotiate deals with third parties over the commercial use of their names, images and likeness, making California the first state to create a legal right for college student-athletes to be compensated for such uses. This new law does not create a right for athletes to be paid by their schools; instead, it addresses how companies and organizations can use the athlete’s image and how student-athletes have a right to profit from these uses. California’s Pay to Play also authorizes student athletes to hire agents to assist in negotiating certain endorsement opportunities. 

To learn more, click here.
Meet the Employment team
From left to right: Michael D. Leifman, Andrew G. Fullett Ronald N. PrimackDavid J. Tecson, Andrew S. MayJeralyn H. BaranRyan A. HaasPatricia Cadagin O'BrienDaniel J. Fumagalli, O. Koplan Nwabuoku,
and  Evan D. Blewett.
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