What L&E Attorneys Need to Know about the Trump Administration

In the first 100 days of the Trump administration, President Trump gave labor and employment attorneys much to follow. From his promises on the campaign trail to his nominations for key cabinet posts, this article addresses what labor and employment attorneys need to know about the Trump administration.

Standards and Regulation of Professional Conduct in Federal Practice

You practice in federal court. You know your ethical obligations in federal court, right? Or do you? Well, it’s federal court, so the American Bar Association (ABA) Model Rules of Professional Conduct apply. Or is it the state’s disciplinary rules? Or both? Are there other rules? And who dispenses punishment for violation of those standards? Is it a state disciplinary authority, the federal court, both, or none of the above? If the state disciplinary rules apply, then the federal court will follow the state’s interpretation of those rules, right? Or does it follow federal law?

A Primer on the FLSA § 7(i) Retail Sales Exemption

The Fair Labor Standards Act1 (FLSA) generally requires employers to pay employees a minimum wage and overtime compensation at the rate of at least one and one-half times the regular rate of pay for all hours worked over 40 in a workweek. 2 The act exempts certain employees from its minimum wage and overtime requirements. 3 If an employee is exempt, then he or she is not entitled to the overtime and/or minimum wage protections of the FLSA.

All Labor and Employment Law Attorneys Should Have Basic Knowledge Regarding Employer-Sponsored Benefit Plan Complance

Even some of the most experienced labor and employment attorneys shudder at the idea of working on issues related to the Employee Retirement Income Security Act (ERISA)1 as well as other employee benefits-related statutes (like the Patient Protection and Affordable Care Act [ACA]).2 Yet many employers have compliance issues with their benefit plans. Labor and employment practitioners are in a unique position to issue spot potential benefits-related problems because they review employee handbooks, draft employment agreements, and answer a vast array of employment-related questions.


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