Darren E. Nadel

Darren E. Nadel

Littler

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Supreme Court Rules in Favor of Hobby Lobby, Opens Door to Religious Objections to Statutes Covering Employers

On June 30, 2014, the U.S. Supreme Court ruled that closely held, for-profit entities with religious objections to certain aspects of the birth control mandate imposed by the Patient Protection and Affordable Care Act ("the...more

7/8/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Ninth Circuit Uncharacteristically Takes the Lead in Limiting Plaintiffs' Rights to Recover for Breach of Fiduciary Duty under...

In 2011, the U.S. Supreme Court recognized, for the first time, that some forms of equitable relief could lead to an award of a monetary payment for breach of fiduciary duty under section 502(a)(3) of ERISA, 29 U.S.C. section...more

6/17/2014 - Breach of Duty Equitable Estoppel Equitable Relief Equitable Surcharge ERISA Fiduciary Duty reformation SCOTUS

Tenth Circuit Says a Leave of Absence of More than Six Months Is Virtually Never a Required Accommodation

“[R]easonable accommodations…are all about enabling employees to work, not to not work.” This fundamental insight guides the recent decision by the U.S. Court of Appeals for the Tenth Circuit, holding that a six-month,...more

6/10/2014 - ADA Disability Disability Benefits Leave of Absence Reasonable Accommodation

New Jersey Court Rules Individual Can Be Criminally Prosecuted for Taking Confidential Information to Support Civil Whistleblower...

In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the...more

1/16/2014 - Confidential Information Personally Identifiable Information Property Theft Public Employees Qualified Privilege Retaliation Sex Discrimination Whistleblowers

Tenth Circuit is First Circuit to Determine Remedies for Violation of ERISA Section 204(h) Notice Requirements

The transition of many companies from using traditional "final average pay" plans to "cash balance" pension plans in the last two decades has created significant employee discontent, and therefore substantial litigation. ...more

7/8/2013 - ADEA Age Discrimination ERISA Health Insurance Policy Violations Remedies Retirement Retirement Plan

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by...more

7/8/2013 - Affordable Care Act Contraceptives Employee Benefits ERISA FDA Health Insurance Healthcare HHS Hobby Lobby HRSA Privately Held Corporations Religion RFRA Standing

Tenth Circuit Adopts a Broad View of What Constitutes Protected Activity Under Sarbanes-Oxley

In a recent decision, the Tenth Circuit approved the Department Of Labor Administrative Review Board’s broad view that Sarbanes-Oxley protects employees of publicly traded companies who blow the whistle on numerous types of...more

6/24/2013 - ALJ Emotional Distress Damages Fraud OSHA Sarbanes-Oxley Shareholders Whistleblowers

Tenth Circuit Upholds Employee Termination 2 Days After FMLA Leave Request

The Tenth Circuit Court of Appeals, in Brown v. ScriptPro, LLC, 2012 U.S. App. LEXIS 24364 (Nov. 27, 2012), recently clarified that discharging an employee within two days of a request for medical leave does not by itself...more

12/12/2012 - FMLA Interference Claims Performance Reviews Termination

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