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News

[01/02] Nonprofit employees invest in 403(b) plans
[01/02] Teachers may see retirement plan changes in 2009
[01/02] Plan B for retirees who counted on home equity
[01/02] Speculation mounts over succession plans at P&G
[01/02] Foreign workers face stress as unemployment rises

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Articles

FLSA Compliance

The Fair Labor Standards Act (FLSA) sets important standards concerning the payment of minimum wage and overtime compensation as well as setting record-keeping requirements for employers and creating child labor standards. Both public and private sector employers are required to follow the FLSA. Only employees who meet the definition of qualified, nonexempt employees under the Act are protected by the FLSA.

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The Facts about Drug Testing During the Hiring Stage

No employer wants to hire someone who may be prone to using drugs or alcohol while at work. As a result, many private and some public employers now attempt to test prospective employees, and employees already on staff, for drug and alcohol use. These tests are not always legal, however. The following provides information on when, and whether, a drug test may be used in the pre-employment phase.

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Case Summaries

[12/30] Acumed LLC v. Stryker Corp.
District court did not abuse its discretion in permanently enjoining defendant from selling its product after jury found willful infringement of plaintiff's valid patent. The court correctly applied the four-factor test for permanent injunctive relief, finding that: 1) plaintiff has suffered irreparable injury; 2) remedies at law were inadequate; 3) balance of hardships warranted issuance of injunctive relief; and 4) the public interest was not harmed by issuance of the permanent injunction, despite defendant's assertion that its infringing product was safer than plaintiff's product.

[12/29] In re TS Tech USA Corp.
In a patent infringement action relating to pivotally attached vehicle headrest assemblies, petition for writ of mandamus to vacate decision denying petitioner's motion to transfer venue and to direct district court to transfer case to another state is granted where: 1) petitioner met its difficult burden of establishing that the district court clearly abused its discretion in denying transfer of venue to the Southern District of Ohio; and 2) mandamus relief was appropriate.

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Frequently Asked Questions

May an employer convert some or all of its employees to independent contractors and thereby avoid paying employment-related taxes and benefits?

May an employer award bonus pay or time off to an exempt employee who works extra time?

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