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Insights

Spencer Fane’s Insights contain a wealth of information on our firm, our attorneys and our recent activities, as well as upcoming events. If you need further information please contact the marketing department.

Latest News

Four Spencer Fane Attorneys to Present at MECC Conference

Spencer Fane attorneys Andrew Brought, Jessica Merrigan, Jim Price, and Baerbel Schiller will be presenting at the Midwest Environmental Compliance Conference (MECC) in Kansas City.

Aldaco joins Spencer Fane as Litigation Associate in Dallas

Spencer Fane LLP is pleased to announce the addition of Jonathan Aldaco to the firm’s Dallas office. He is an associate in the Litigation Practice Group.

Brian Memory Joins Spencer Fane as Partner in Plano Office

Spencer Fane LLP is pleased to announce the addition of Brian Memory as a partner in the firm’s Banking and Financial Services Practice Group. He will work out of the Plano, Texas office.

Scott Blakesley to Host Kansas City Estate Planning Symposium

Spencer Fane attorney Scott Blakesley is serving as chair for the 2019 Kansas City Estate Planning Symposium taking place this month. The Symposium is the signature program of a not-for-profit organization (KCEPS) organized by professionals from a variety of companies and disciplines who work in all aspects of estate planning. The Symposium provides two days of significant educational and networking opportunities for estate planning professionals who consider themselves more advanced in this field. KCEPS also has other programs during the year for those with less experience.

Mike Hockley Serves as Guest Lecturer for CGSC Brownbag Program

Spencer Fane attorney Mike Hockley recently presented at the Command and General Staff College (CGSC) on promoting good relations between the Army and the public.

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Latest Publications

DOL Publishes Proposal Interpreting Joint Employer Status

On April 1, 2019, the Department of Labor (“DOL”) published its third proposal in 30 days to revise regulations interpreting the Fair Labor Standards Act (“FLSA”). The April 1 proposed rule would revise and clarify the test for when multiple employers (known as “joint employment”) can be held responsible for wages under the FLSA. The notice and full text of the rule can be found here.

Structuring Physician Relationships After Forest Park

If a relationship with physicians or other referral sources has been structured to carve out Medicare and Medicaid patients to avoid triggering Anti-Kickback Statute requirements, it is time to review the compliance of the relationship.

Dating Application Triggers National Security Concerns

You read it correctly:  The United States Government has deemed an online dating application to be a national security concern. The dating application Grindr has earned notoriety for being the gay equivalent to Tinder (a dating “hook up” application for straight people). Grindr has gained remarkable success. The application boasts of having 27 million registered users as well as an average of 3.3 million daily users.

DOL Publishes Proposals Interpreting “Regular Rate of Pay” in Overtime Regulations

Under the Fair Labor Standards Act (FLSA), employers must generally pay non-exempt employees overtime at a rate of one and one half times the “regular rate” of pay when they work more than forty hours in a workweek. Overtime cannot be properly calculated unless the employer knows what to include in the regular rate.  As benefits, bonuses, reimbursements and other elements of compensation have evolved, greater ambiguity has developed in determining what is included in and excluded from the regular rate.  On March 29, 2019, the Department of Labor (“DOL”) published a proposal (found here) to clarify and update several regulations that interpret the regular rate of pay requirement.

Does the CCPA Apply to My Company?

Late last year California passed the California Consumer Privacy Act of 2018 (“CCPA”) aimed at granting certain rights and protections to California consumers and also imposing obligations and limitations on businesses in an effort to provide consumers more control over their personal information. The CCPA becomes effective January 1, 2020, and companies across the nation are marking their calendars in anticipation of privacy practice changes reminiscent of those ushered in by the European Union’s GDPR last year. Although the CCPA is often compared to the GDPR, the two privacy laws are different and compliance with one does not ensure compliance with the other. In undertaking compliance measures, the initial inquiry companies should analyze is the question of whether the CCPA applies to the company.

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Latest Events

Jon Farnsworth and Randi Winter to Present at TechPulse

TechPulse 2019 is the premier business expo in the Twin Cities attended annually by approximately 500 business and technology executives.  The event is open to the public.  Informative breakout sessions and exhibits cover four major areas: technology, business administration, operations, and demand/marketing.

Jon Farnsworth to Teach National Seminar on Business Contracts

Spencer Fane attorney Jon Farnsworth will conduct four presentations at a National Business Institute (NBI) course focusing on contract drafting.

2019 Spencer Fane Employment Training Classes

Multiple classes offered throughout 2019 in Springfield, MO and Joplin, MO. Find the link to enroll and the full class descriptions below the class schedule.

John Watson to Give Presentation at CBA: Good Samaritan Cleanup of Abandoned Mines

John Watson will address the Environmental Law Section of the Colorado Bar Association on January 15, 2019 re: Good Samaritan projects for remediation of abandoned mining properties.  He will join Ty Churchwell of Trout Unlimited in an overview of statutory (including recently introduced federal legislation), regulatory, and technical requirements for abandoned mine cleanup projects in the United States.

Money Talk: Building Strong Skills to Give Your Employees a Great Start to 2019

COMPLIMENTARY PRESENTATION  |  Wednesday, January 9

Please join Paula Doughtery, Private Wealth Advisor at Ameriprise Financial Services; Deb Feder, Leadership Coach & Consultant at Feder Development and Elizabeth Wente, Partner at Spencer Fane LLP for a FREE presentation on The Cost Benefit of Proactive Management, Help Your Employees Know Their Financial Opportunities and The Cost of Miscommunication.

Please RSVP to rsvp@spencerfane.com

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