BW INSIGHTS

DOL's New Overtime Rule Released, Updating Earnings Thresholds

By BrownWinick | 09.24.2019
Today, the U.S. Department of Labor (DOL) released its final rule, updating earnings requirements for exempt treatment under the Executive, Administrative, and Professional (or "EAP") exemptions of the Fair Labor Standards Act ("FLSA"). Under the final rule: The salary level requirement under the EAP exemptions will rise from $455 a week (or... Read More

Claiming Color as Part of a Trademark

By David Breiner | 09.19.2019
A trademark is a symbol used in commerce to identify a source of goods and services. This symbol often takes the form of a logo, word(s), and/or phrase. Trademark protection comes from using a trademark in commerce. However, trademark protection may be enhanced by filing the trademark with the United States Patent and Trademark Office (USPTO). A... Read More

I-9 Checkup: Everything Old is New... for Now.

By BrownWinick | 08.28.2019
United States Citizenship and Immigration Services (USCIS) announced this week that until further notice, employers should continue using the Form I-9 currently bearing expiration date of 8/31/2019, even after the expiration date has passed. The agency will provide updated information about the new version of the Form I-9 as it becomes available.... Read More

Bankrupt with Bygone Rights: Supreme Court Tackles Tough Trademark Issue

By Jordan Meggison-Decker | 08.22.2019
Article written by BrownWinick 2019 Summer Associate, Mackensie Graham, and BrownWinick attorney, Jordan Meggison-Decker In a recent Supreme Court case that bridged the areas of law between intellectual property, contracts, and bankruptcy, trademark licensees came away with a win. To best understand the May 2019 decision in Mission Product... Read More

Defining Harassment in a New York State of Mind

By BrownWinick | 08.19.2019
On August 12, 2019, the state of New York officially expanded its protections on unlawful harassment in the workplace. Some of the key changes include the following: Elimination of the “severe” or “pervasive” standard. Employees only have to establish that they were subjected to “inferior terms, conditions or privileges of employment” as a result... Read More

Iowa Dental Board Releases Regulatory Update on Electronic Prescribing Mandate

By BrownWinick | 08.08.2019
The Iowa Dental Board released a regulatory update that beginning January 1, 2020, all prescriptions, unless exempted, must be transmitted electronically. This new electronic prescribing (“e-prescribing”) mandate will be regulated by the Iowa Board of Pharmacy as well as the provider’s professional licensing board. Read the full news release on... Read More

Owning a Private Aircraft for Personal and Business Use

By Jonathan Napier | 08.01.2019
Owning a private aircraft personally or through a medical or dental practice may be convenient for taking vacations or attending conferences across the country, but there are important legal, tax, and liability concerns for the aircraft owner. The FAA Regulations govern any owner’s right to use an airplane, but the FAA scrutinizes any arrangement... Read More

EEO Pay Data Collection Update: It is Time to Comply

By BrownWinick | 07.17.2019
Article written by BrownWinick 2019 Summer Associate, Mariah Kauder In 2017, the federal government suspended collection of Component 2 data from employers subject to EEO-1 reporting requirements. Component 2 data includes employee hours worked and pay information categorized by job type, race, ethnicity, and sex. Following a contentious legal... Read More

A New Definition Under the Federal Freedom of Information Act

By BrownWinick | 07.09.2019
Article written by BrownWinick 2019 Summer Associate, Mariah Kauder, and BrownWinick attorney, James White What qualifies as confidential? These days it might seem as if very little information truly remains private. However, when it comes to Freedom of Information Act (FOIA) requests, a recent U.S. Supreme Court ruling has actually expanded the... Read More

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