Court Issues $35M Award Against Plan Fiduciaries for Excessive Fees by Reed Smith on 5/23/2012 A recent decision, Tussey v. ABB, Inc., 2012 WL 1113291 (W.D. Mo. 3/31/2012), has drawn much attention in the retirement plan community. In Tussey, a U.S. District Court found that ABB, Inc., along with several of the...more
Airline Industry Legal Alert: NMB Announces Public Hearing on Proposed Rule Implementing RLA Amendments Which May Eliminate... by Ford & Harrison LLP on 5/23/2012 Executive Summary: On May 22, the National Mediation Board (NMB) announced that it will hold a public hearing on June 19, 2012, and invited interested persons to share their views on its proposed rule changes relating to the...more
Major Changes in Routine Handbook Policies Required by Davis Wright Tremaine LLP on 5/23/2012 A spate of recent decisions by the National Labor Relations Board (NLRB) has invalidated routine policies like those found in most employee handbooks. The Acting General Counsel of the NLRB has also signaled that he will give...more
Clarifying the Presumption Against Extraterritoriality: California Northern District Court Rejects the Application of Federal and... by Ropes & Gray LLP on 5/23/2012 In a decision issued on May 3, Judge Edward M. Chen of the U.S. District Court for the Northern District of California dismissed – with prejudice – the bulk of federal and California state wage and hour allegations made...more
Two Medical Conditions Can Equal One FMLA Serious Health Condition by Franczek Radelet P.C. on 5/23/2012 Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is concerned, can knock employers out. As reported by my...more
Keeping It Confidential by Julie Shannon on 5/23/2012 Preserving confidentiality and protecting trade secrets when an employee leaves the company....more
Day One: Lessons From Amazon.com’s Workplace Culture by Pullman & Comley, LLC on 5/22/2012 Recently, I had the opportunity to meet with some people from Amazon.com at their headquarters in Seattle as part of my work with the American Bar Association’s Standing Committee on Technology & Information Systems (let’s...more
Partner May State FEHA Claim Against Partnership For Retaliation For Opposing Sexual Harassment Of An Employee Of The Partnership by Kronick, Moskovitz, Tiedemann & Girard on 5/22/2012 A California Court of Appeal recently held that the California Fair Employment and Housing Act (“FEHA”) supports a partner’s claim for retaliation against her partnership for opposing sexual harassment of an employee of the...more
Labor: EEOC issues final rule on reasonable factors other than age under the ADEA: The burden is on the employer to prove this... by Potter Anderson & Corroon LLP on 5/22/2012 Originally published in InsideCounsel.com on May 21, 2012 On March 30, the Equal Employment Opportunity Commission (EEOC) published its final rule, meant to clarify the “reasonable factors other than age” (RFOA) defense...more
Redundancy: Guidance for Employers on Following a Fair Procedure by Dechert LLP on 5/22/2012 Continuing economic uncertainty presents employers with challenging employment decisions and on occasion the need to conduct redundancy exercises. A number of cases over the last couple of years have provided clarification in...more
EEOC Rules That Transgender Employees are Covered Under Title VII by Poyner Spruill LLP on 5/22/2012 ?On April 20, 2012, in the case of Macy v. Holder, the U.S. Equal Employment Opportunity Commission (EEOC) ruled that transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964...more
E-Verify: Thinking about taking the plunge? by Pierce Atwood LLP on 5/21/2012 E-Verify is the federal government’s current foray into electronic verification of employment authorization of US workers that functions as a complement to — not a replacement for — the traditional paper-based Form I-9...more
Retiree Benefit System that Disproportionately Benefits Men is Not Necessarily a Violation of Title VII by Barger & Wolen on 5/21/2012 In Wood v. City of San Diego, Janet Wood brought suit under Title VII of the Civil Rights Act of 1964, alleging the surviving spouse benefit provided by the City of San Diego to retired employees discriminated on the basis of...more
Federal Court Ruling Prompts NLRB to Drop New Procedures for Union Elections by Barger & Wolen on 5/21/2012 In light of a federal court ruling, Chamber of Commerce v. NLRB, the National Labor Relations Board (NLRB) has shelved controversial new regulations for determining whether a majority of employees wish to be represented by a...more
No Expectation of Privacy in Emails Sent Over Employer's Email Account, Massachusetts Court Decides by Mintz Levin - Employment, Labor & Benefits on 5/21/2012 Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.” ...more