Labor & Employment Law

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Prevailing Defendant Entitled to Fee Award Unrelated To Claims Seeking Unpaid Wages
Barger & Wolen

In Kirby v. Immoos Fire Protection Inc., 2010 DJDAR 11569 (2010) the Third Appellate District of the California Court of Appeal decided an appeal challenging an award of attorneys fees to an employer who successfully defended against... more

	Latest Filings and Decisions
	SGEU and SB v, Saskatchewan Social Services Punitive Damages for malicious manner of dismissal Larry Dawson SB, a Social Services supervisor, was accused of sexual misconduct by an unreliable client of Social Services seeking to discredit him in order to regain custody of her apprehended children.The Department immediately terminated the...... more
	SGEU and Robinson v. Saskatchewan Government Reference Checks in Employment Competitions; Privacy of Reference Providers Identities Larry Dawson Saskatchewan Government sought to shield reference checks providers identities and actual references provided from the Union and grievor, citing Freedom of Information and Protection of Privacy Act. Arbitrator Dan Shapiro ruled that...... more
	Saskatchewan Government and General Employees' Union v. Saskatchewan Public Service Commission (Robinson Staffing Grievance) Award concerning failure to select qualified senior candidate Larry Dawson rd of Arbitrator Dan Shapiro concerning Saskatchewan Social Services misadministration of staffing protocols in failing to award position to qualified senior candidate.9 years back pay awarded,... more

	Most Recent Articles
	Why Two District Courts Dismissed Valid Computer Fraud and Abuse Claims for Lack of Jurisdiction Nick Akerman Two federal district courts, one in Maryland and the other in Texas, dismissed what each court considered to be valid civil claims under the Computer Fraud and Abuse Act (“CFAA”). Title 18 U.S.C. § 1030. The CFAA is the federal...... more
	Avoiding Legal Pitfalls - An Ounce of Prevention is Worth a Pound of Cure Grant Snell This article, to be published by Flathead Publishing Group, is a brief list of tips for businesses to avoid legal pitfalls during the current economic downturn.... more
	Payroll Savings in the Kitchen: Worth the Risk? Fox Rothschild With businesses facing continued economic uncertainty, the pressure to find cost savings is greater than ever. Undeniably, cutting down on overtime costs is one of the first places employers look. Unfortunately, this is often rife with...... more

	Administrative Law
	Texas Nurses Vindicated in Fight for Patient Safety – Almost Patrick Malone & Associates P.C. \| DC Injury... Two nurses who were fired from their hospital for alerting state authorities to a dangerous doctor have now been fully vindicated -- except for one thing. The nurses won a $750,000 settlement of their lawsuit against the Winkler County...... more
	Wall Street Reform Legislation Creates New Diversity Requirements for Government Contractors Sheppard Mullin Richter & Hampton LLP The recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, § 342) contains sweeping new diversity requirements for federal agencies involved in the financial sector, as well as the businesses which...... more
	New Ohio Law Mandates Leave for Military Families Dinsmore & Shohl LLP On July 2, 2010, Ohio’s Military Family Leave Act (“OMFLA”) went into effect. Pursuant to this Act, employers are now required to allow employees to take up to 10 days or 80 hours of leave, whichever is less, if a family member is a...... more

	Commercial Law & Contracts
	Noncompete News: California Court Finds Employers May Be Liable for Wrongful Termination When Honoring Competitors' Non-compete Agreements Ford & Harrison LLP A recent decision by the California Court of Appeals, finding an employer's decision to honor a competitor's non-compete agreement tantamount to a violation of California Business and Professions Code section 16600, thus violating...... more
	Department Of Labor Attempts To Extend The "Christian Doctrine" To Subcontracts Sheppard Mullin Richter & Hampton LLP It has long been questioned whether the “Christian Doctrine,” pursuant to which mandatory contract clauses reflecting core procurement policy are incorporated into government prime contracts by operation of law, can be used to...... more
	Employment Law Lessons From the Gridiron Warner Norcross & Judd I love it when something happens in the news and I get to use it as a centerpiece for this newsletter. Today, it happens to be football. I'm not talking about the game on the field being some sort of allegory for how to manage your...... more

	Health
	Company and director convicted after workplace explosion paul cutrone A manufacturer and its chief operating officer have failed to defend claims that their OHS failings were responsible for the 2006 Gladstone factory explosion which killed three people and seriously injured two more.... more
	Health Reform: Codifying Economic Substance Doctrine Sands Anderson PC In our previous posts we talked about the new healthcare legislation which was signed into law (H.R. 4872, the Healthcare and Education Reconciliation Act of 2010 (Reconciliation Act P.L. 101-152)) (the “Healthcare Act”) and described...... more
	Interim Final Rules Impose New Requirements for Internal Claims/Appeals and External Review Katten Muchin Rosenman LLP Effective for plan years beginning on or after September 23 (January 1, 2011, for calendar year plans and policies), non-grandfathered group health plans (including non-Employee Retirement Income Security Act plans such as governmental...... more

	Immigration
	Legal Alert: USCIS Increases Filing Fees for H-1B and L-1 Applications Ford & Harrison LLP On August 13, 2010, President Obama signed into law H.R. 6080 known as the Emergency Supplemental Appropriation for Border Security Act. This law became effective immediately and includes an increase of certain H-1B and L-1 application...... more
	Higher H-1B and L-1 Fees Will Not Affect Most Employers Thompson Coburn LLP Last week, Congress passed and President Obama signed new legislation to raise L-1 filing fees by $2,250 and H-1B fees by $2,000. Most employers, however, will not be subject to the higher immigration fees legislated by the Emergency...... more
	Immigration Alert: Fees and More Fees: Homeland Security Substantially Increases Fees for Certain U.S. Employers & ESTA Travelers Mintz Levin - Immigration Group The Department of Homeland Security recently announced new fees for the electronic system for travel authorization (ESTA), that all nationals of Visa Waiver Program (VWP) countries must utilize, as well as an increase in fees for...... more

	Taxes
	Layoffs may cause a partial termination of your retirement plan McAfee & Taft If you have reduced the size of your workforce recently, this alert is intended to remind you of the need to consider the possibility that you have caused a “partial termination” of your retirement plan. Under the Internal Revenue...... more
	The Top Ten Major Misconceptions Plan Sponsors Have About Retirement Plans The Rosenbaum Law Firm P.C. A list of the Top 10 Major Misconceptions that Plan Sponsors Have About Their Retirement Plans. What Plan Sponsors don't know, may hurt them.... more
	Health Care Reform Update: Hidden Savings Opportunities for Non-Profit Employers Christine Roberts Very brief overview of the small business tax credit for providing health insurance coverage, as applied to non-profit entities.... more