LawGram Volume 16, No.1

Table of Contents

Federal Defend Trade Secrets Act of 2016 Signed into Law

By: Kristen E. O’Neill

On May 11, 2016, President Obama signed the Federal Defend Trade Secrets Act of 2016 (the “FDTSA”) that establishes a federal private cause of action for misappropriation of trade secrets. The FDTSA does not preempt state laws and a plaintiff may bring both federal and state law claims in federal court. For the FDTSA to apply, the trade secret must be related to a product or service used in, or intended for use in, interstate or foreign commerce

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Significant Change to Overtime Exemption Rule

By: Mitchell S. Chaban

On May 18, 2016, the United States Department of Labor published its final overtime rule, which significantly increases the minimum amount of salary an employer must pay an employee in order for the employee to qualify as a “salaried exempt employee” under the executive, administrative, and professional exemptions from coverage under the Fair Labor Standards Act.  The rule, which will go into effect on December 1, 2016, increases the minimum compensation threshold to qualify for these exemptions from $455/week (or $23,660 annually) to $913/week (or $47,476 annually).

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Website Accessibility

By: Jonathan M. Weis

Most businesses, including banks and financial institutions, have websites. It would be fair to say that today a business without a website is an anachronism. Now, most businesses must face a new regulatory framework regarding website accessibility, something that has been on the horizon for years but as of late is coming to forefront. Not only must websites be easily navigable, simple to operate and robust — for obvious business reasons — now they need to be accessible to people with disabilities. And, the issues raised here can also be considered in the context of employee use of websites and computer access generally.

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