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Publications & Presentations

We encourage you to peruse this Publications & Presentations section for timely analysis and industry insights, including bylined articles, client alerts, white papers, practice and industry newsletters, audio and video broadcasts, featuring interviews with our lawyers, as well as case studies highlighting compelling legal challenges our clients have faced.

Also, please visit our Events page to learn more about upcoming seminars, CLE programs, and other presentations which may be of interest.

Recent Publications

The U.S. Department of Labor Moves to More Than Double Minimum Salary Levels
Proposed changes may impact millions of exempt employees.
Authors: Julia E. Judish, John Scalia, Paula M. Weber

On July 6, 2015, the U.S. Department of Labor published a long-awaited Notice of Proposed Rulemaking (NPRM) to amend the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales and computer employees (known as the “white collar” or “EAP” exemptions). The proposed rule would more than double the minimum salary level required to meet the executive, administrative, or professional exemption, to $50,440 annually—much higher than any current state law requirement—with automatic increases in that threshold every year. The DOL estimates that of approximately 144.2 million wage and salary employees in the United States, 21.4 million are currently exempt EAP employees who would become eligible for overtime payments if the proposed rule goes into effect.

The U.S. Supreme Court Holds EPA Must Consider Costs in Deciding to Regulate Power Plants
Authors: David R. Farabee, Alina J. Fortson

The U.S. Supreme Court’s June 29th decision in Michigan v. EPA, taken together with another significant CAA opinion from last term, Utility Air Regulatory Group v. EPA,1 demonstrates the Court’s proclivity for subjecting agency interpretations to more rigorous scrutiny under Chevron deference. This approach could influence the Court’s analysis in other challenges to environmental regulation, including expected lawsuits regarding EPA’s “Clean Power Plan” rule,2 which would require reductions in carbon dioxide emissions from power plants.

July 2015
2015 Second Quarter Issues/Programs List Advisory for Broadcast Stations
Author: Scott R. Flick

The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by July 10, 2015, reflecting information for the months of April, May, and June 2015.

July 2015
2015 Second Quarter Children’s Television Programming Documentation
Authors: Lauren Lynch Flick, Scott R. Flick

The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by July 10, 2015, reflecting programming aired during the months of April, May, and June 2015.

U.S. Supreme Court Upholds Premium Subsidies on Federally Run Health Insurance Exchanges
Authors: Mark Jones, Marta K. Porwit, Kevin Lin1

On June 25, 2015, in a 6-3 majority opinion, the U.S. Supreme Court confirmed the availability of premium subsidies for health coverage purchased on Affordable Care Act (ACA) health insurance exchanges, regardless of whether those are state or federally operated. Noting the importance of premium subsidies to the ACA’s policy goals, the majority rejected the most natural meaning of the provision at issue, which appears to limit premium subsidies to state-run exchanges. The decision maintains the status quo, allowing employers to continue their current strategies for ACA compliance.

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