On August 31, 2017, a federal district judge struck down Obama-era United States Department of Labor (“DOL”) revisions to rules interpreting the Fair Labor Standards Act (“FLSA”) overtime exemptions. The revisions, known as “the Final Rule,” would have affected executive, administrative, and professional overtime exemptions. The Final Rule was scheduled to take effect on December…

Four attorneys from Joseph, Hollander & Craft LLC have been honored by the highly regarded Best Lawyers in America® – 2018 Edition. Christopher M. Joseph was honored in the Criminal Defense: General Practice sector. Joseph’s practice is concentrated in the areas of fraud, drug crimes, sex crimes, and related civil matters, including property and asset…

Over the past two weeks, the Kansas Supreme Court has issued a slew of opinions addressing challenges to the Kansas Offender Registration Act (“KORA”) under the Ex Post Facto Clause of the United States Constitution—concluding with an apparent invitation to prove that the KORA has special punitive effects on non-sex offenders. The Ex Post Facto…

The Tenth Circuit Court of Appeals has closed the door on tip claims under a provision of the Fair Labor Standards Act (“FLSA”) and a Department of Labor (“DOL”) regulation for employees paid more than minimum wage. In Marlow v. The New Food Guy, Inc., 861 F.3d 1157 (2017), the court held that an employer…

Kansas law permits expungement of certain convictions, adjudications, arrest records, and diversion agreements. Once an eligible offense is expunged, a person must be treated as if he has never been arrested for, convicted of, or diverted from the expunged crime. Though the expunged offense will still be considered when determining criminal history in any subsequent…

Juveniles who are arrested on felonies and some misdemeanors will be held in custody until they appear before a judge for a detention hearing (within 48 hours of arrest). The result of the hearing can be a huge factor for how stressful a case can be for the juvenile and juvenile’s family. At the detention…

The Defend Trade Secrets Act (DTSA) was enacted on May 11, 2016. The DTSA created a private, federal cause of action for trade secret misappropriation. Since its enactment, many have questioned whether common law doctrines, such as the inevitable disclosure doctrine, apply to actions under the DTSA. On the first anniversary of the its enactment,…

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