Tag Archives: gt_law

July 2017 Visa Bulletin Update

The Department of State (DOS) released the July 2017 Visa Bulletin. The final action dates for Chinese and Indian nationals in the employment-based, first preference (EB-1) category remain unchanged with cutoff dates of Jan. 1, 2012.  It is expected that this EB-1 retrogression for China and India will last until October 2017 when the new fiscal … Continue Reading

An Update from the National Indian Gaming Association’s Annual Legislative Summit

Last week, the National Indian Gaming Association (NIGA) held their annual Legislative Summit in Washington, D.C.  The agenda was packed with Senate and House congressional members and officials from President Trump’s administration reporting on the state of current affairs. A highlight of the NIGA summit was an announcement by the chairman of the National Indian … Continue Reading

SCOTUS Declares Lanham Act’s Prohibition Against Registering Disparaging Trademarks Unconstitutional

On June 19, 2017, the U.S. Supreme Court issued its decision in Matal v. Tam, affirming the Federal Circuit and holding that the Lanham Act’s prohibition against registering disparaging trademarks is unconstitutional because it “is not ‘narrowly drawn’ to drive out trademarks that support invidious discrimination.” Background The Lanham Act is a federal law that … Continue Reading

Sixth Circuit Refuses To Stop Collective Action Notice To Employees with Individual Arbitration Agreements

A Sixth Circuit opinion filed this week reaffirms what experienced Fair Labor Standards Act (FLSA) attorneys have known for some time:  when it comes to employer arbitration programs, they are not always the panacea that employers (and their lawyers) believe them to be. In Taylor v. Pilot Corp. et al., Case No. 16-5326, a plaintiff-employee … Continue Reading

The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act

Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These employers have long tried to reduce the costs and length of litigation, particularly in the context of wage and hour claims, by requiring employees to … Continue Reading

Eleventh Circuit: Obtain a Copyright Registration before Initiating Litigation

According to U.S. copyright law, an original work of authorship receives copyright protection from the time the work is created in a fixed form. However, when can a copyright owner sue an alleged infringer for copyright infringement?  Is it sufficient that a copyright owner merely filed an application for registration with the U.S. Copyright Office … Continue Reading

The FTC ‘Educates’ Celebrities & Social Media Influencers on its Endorsement Rules

As the power of Instagram and other social media platforms as marketing tools rises, so does the dollar figure of contracts between brands and the social media influencers (celebrities, athletes, reality stars, etc.) they use to endorse their products – some contracts are reported to be in the seven-figures. Couple this with the influencers’ ability … Continue Reading

House of Representatives Passes Overtime Bill to Give Workers Time Off Instead of Time-And-A-Half Pay

On May 2, 2017, the United States House of Representatives (the House) passed the Working Families Flexibility Act (the Act), which would give workers the option of receiving paid time off (PTO) instead of time-and-a-half pay currently mandated by the Fair Labor Standards Act (the FLSA). The Act passed 227-197, largely along party lines, with … Continue Reading

DOL Announces Reversal of Employee/Independent Contractor Classification & Joint Employer Guidance

On June 7, 2017, the United States Department of Labor (DOL) reversed its previous guidance issued during the administration of President Barack Obama that broadened the circumstances in which employers could be held liable for misclassification of employees as independent contractors, and as a joint employer with a separate business.  New Secretary of Labor Alex … Continue Reading

OSHA Rescinds Fairfax Memo – OSHA No Longer Required to Permit Union Reps to Represent Non-Union Employees in Walkaround Inspections

On April 25, 2017, the Occupational Safety and Health Administration (OSHA) rescinded a Feb. 21, 2013 letter from former Deputy Assistant Secretary Richard E. Fairfax to Mr. Steve Sallman (Fairfax Memo) that permitted workers at a worksite without a collective bargaining agreement to designate a person affiliated with a union or community organization to act … Continue Reading

GT’s Carl Fornaris Moderates Panel at IAGA, Featured in Gambling Compliance

The International Association of Gaming Advisors (IAGA) held its 36th annual International Gaming Summit May 30-June 1, 2017. The IAGA Summit brings leaders from all global gaming sectors together, providing a unique opportunity to discuss recent and significant issues and challenges facing the gaming industry. At the Summit, Greenberg Traurig’s Carl A. Fornaris, co-chair of … Continue Reading

Greenberg Traurig’s Erica Okerberg Featured in Global Gaming Business Magazine’s “40 Under 40”

Erica Okerberg, an associate in the Las Vegas office of international law firm Greenberg Traurig, LLP, is featured in Global Gaming Business (GGB) Magazine as one of its “40 Under 40.” To access the full article, please click here: “Hitting the Ground Running” (Global Gaming Business Magazine, June 2017)  … Continue Reading

Nevada Gaming Commission Provides More Flexibility in Considering Gaming Applicants

The Nevada Gaming Control Act (Act) requires an applicant for a gaming license or other approval to appear first before the Nevada Gaming Control Board (Board) on the application. The applicant has the burden of proof and must affirmatively seek the Board’s support and its recommendation to the Nevada Gaming Commission (Commission). The Board can … Continue Reading

Nevada Redefines a Gaming Device Manufacturer

Assembly Bill 75 was signed into law on May 23, 2017, by Nevada Governor Sandoval. As previously reported, Assembly Bill 75 would amend what is considered “manufactur[ing]” under the Nevada Gaming Control Act. The proposed amendment would narrow the scope of developers involved in the gaming device manufacturing process that would need to be licensed … Continue Reading

Updates on H-1B Program In Light of H-1B Cap Lottery & Recent ‘Buy American, Hire American’ Executive Order

On April 7, 2017, the United States Citizenship and Immigration Service (USCIS) announced that it had received enough H-1B petitions to reach the annual statutory cap of 85,000 visas for fiscal year 2018. The H-1B classification is a non-immigrant visa which permits U.S. employers to sponsor highly-skilled foreign nationals for temporary work authorization in specialty … Continue Reading

Greenberg Traurig’s Mark Clayton Speaks About the Upcoming IAGA Conference Agenda

“Our 2017 program agenda focuses on critical issues facing gaming, with the discussions benefitting from the deep experience of our international panelists,” said Mark Clayton, a shareholder with Greenberg Traurig and co-chair of the International Gaming Summit committee. “As gaming continues to expand globally, staying abreast of critical issues like the latest anti-money laundering and … Continue Reading

Greenberg Traurig Advises on Hard Rock Cafe Purchase of Trump Taj Mahal Casino

With Greenberg’s help, Hard Rock International and two partners closed on the joint-venture deal on March 31—a venture that local officials are hoping will lead to an economic rebirth in the region and give other investors a reason to return to Atlantic City. “This is the first significant investment in Atlantic City by a new … Continue Reading

Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing

Introduction On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial of the defendant’s motion to dismiss a whistleblower claim brought under the Dodd-Frank Act’s (“DFA”)’s anti-retaliation provision. In a 2-1 decision, the majority endorsed the approach … Continue Reading

Update on Pending Nevada Legislation to Redefine a Gaming Device Manufacturer

As previously reported, Assembly Bill 75 would amend what is considered “manufactur[ing]” under the Nevada Gaming Control Act. The proposed amendment would narrow the scope of developers involved in the gaming device manufacturing process that would need to be licensed by the Nevada Gaming Commission as “manufacturers.” Assembly Bill 75 has passed the Nevada Assembly … Continue Reading

The Senate Narrows Employers’ Obligation to Accurately Record Work-Related Injury and Illness Records

On March 22, 2017, the Senate passed H.J. Resolution 83, a Congressional Review Act (CRA) resolution (Resolution) that cuts the Occupational Safety and Health Administration’s (OSHA) ability to cite an employer for failing to accurately record work-related injuries and illnesses from five years to six months.1 The resolution blocks and eliminates OSHA’s “Volks” final rule, … Continue Reading

The Nevada Gaming Control Board Recommences Testing Gaming Technology

In 2013, the Nevada Legislature authorized independent test labs (ITL) registered with the Nevada Gaming Commission to test gambling games and gaming technology that would be used in Nevada for compliance with the Nevada regulatory requirements. Effective April 1, 2017, manufacturers may request either the Nevada Gaming Control Board (Board) Technology Division or a registered … Continue Reading

Proposed Nevada Legislation to Redefine a Gaming Device Manufacturer

On April 3, 2017, the Nevada Assembly Judiciary Committee passed Assembly Bill 75 (2017), which would, among other amendments, amend the current definition of who is a “manufacturer” of a gaming device, cashless wagering system, mobile gaming system, or interactive gaming system for use or play in Nevada. Currently, as defined, an entity that manufactures … Continue Reading
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