Administrative Law, Civil Procedure, Labor & Employment Law

ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint

by Allana Grinshteyn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/12/2013

On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal...more

The ERISA Litigation Newsletter - April 2013

by Stacey Cerrone, Amy Covert, Russell Hirschhorn, Robert Rachal, Myron Rumeld, Howard Shapiro | Proskauer Rose LLP on 4/12/2013

Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more

Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy

by Diana Halpenny, Marie Nakamura, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/29/2013

In Henderson v. Newport-Mesa Unified School District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 13, 2013), a California court of appeal considered whether a temporary teacher employed for more than two years by a school...more

PERB Ruling Affirms Teacher on 39-Month Reemployment List Remains an Employee of the District and Able to File Grievance

by Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/28/2013

In Nelson v. Jurupa Unified School District (PERB Decision 2309E, March 8, 2013), the Public Employment Relations Board ("PERB") considered whether a school district committed an unfair labor practice by rejecting a...more

Court Clears Way For Case Against CalPERS, Judicial Council & Prison Healthcare Receiver

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/27/2013

Nearly two years ago, Mr. Daniel E. Francis filed a petition for writ of mandamus against CalPERS and other based on allegations that the penstion fund had laundered the salary of the receiver appointed by the U.S. District...more

Subrogation Claims are “Equitable Relief” Governed by ERISA

by D. Michael Reilly | Lane Powell PC - ERISA Law on 3/26/2013

That subrogation claim you have might be governed by ERISA, at least in some circuits… Here’s the case of Thurber v. Aetna Life Insurance Company, __F.3d__ (2nd Cir. March 13, 2013) (Insurer’s counterclaim for return...more

Indiana Supreme Court Holds: Day Laborer(s) Can Bring Wage Payment Case if Expectation of Future Employment Exists

by Pavlack Law, LLC on 3/15/2013

This week we examine the Indiana Supreme Court decision Walczak v. Labor Works-Fort Wayne LLC, which held that day laborers could bring claims under the Indiana Wage Payment Act unless they do not have a realistic expectation...more

It Pays To Add A Statute Of Limitations To Your Plan’s Claims Procedure

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 3/12/2013

ERISA requires that plans contain a reasonable claims procedure. Courts have generally required claimants to exhaust that claims procedure before filing a lawsuit. In addition, if the plan gives the plan administrator...more

Second Circuit “Clarifies” SOX Burden-Shifting Framework

by Lloyd B. Chinn, Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/7/2013

On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A....more

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

by Lloyd B. Chinn, Cecile Martin, Daniel Ornstein, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/5/2013

In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more

But He Looked Black… Court Rebukes EEOC’s Use of “Race Rating” in Systemic Lawsuit

by Jon Hyman on 1/29/2013

The federal agency charged with ending racial stereotypes in the workplace, the EEOC, hinged its entire systemic case on stereotypical way in which different races “look.” The court was having none of it, excluding the EEOC's...more

Supreme Court Decides Kloeckner v. Solis

by James G. Ryan | Cullen and Dykman LLP on 1/25/2013

On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more

Biting 7th Circuit (Posner) Decision Reverses Denial of Social Security Disability Benefits

by Pavlack Law, LLC on 1/18/2013

This week's article focuses upon the value of Judge Richard Posner's often extremely critical and glib approach to drafting opinions through the case Hughes v. Astrue. The Hughes case saw an Administrative Law Judge for the...more

Aerotek Required by Federal Appeals Court to Comply with EEOC Subpoena

by U.S. Equal Employment Opportunity Commission... on 1/18/2013

Seventh Circuit Affirms That Staffing Firm Must Answer EEOC Subpoena From 2009 - CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that a federal appeals court ordered Aerotek, Inc., one...more

Vegan Employee May Proceed with Religious Discrimination Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/17/2013

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

Judge Reverses Prior Rulings Dismissing Case and Allows EEOC Disability Suit Against UPS to Proceed

by U.S. Equal Employment Opportunity Commission... on 1/16/2013

Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

by Erin Clarke, Daniel V. Johns, Steven Suflas | Ballard Spahr LLP on 1/15/2013

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

California Supreme Court Permits Picketing on Private Property

by William Emanuel | Littler on 1/14/2013

In a split decision, the California Supreme Court has upheld the constitutionality of two statutes that restrict state court injunctions against picketing by labor unions on private property. Ralphs Grocery Co. v. United Food...more

UK Employment Reforms in 2013

by Johanna Johnson, Stephen Ravenscroft | White & Case LLP on 1/14/2013

The UK’s Department for Business, Innovation and Skills has issued the ‘Fifth Statement of New Regulations’ (the “Statement”), which provides details of regulatory reforms and implementation dates for 2013. Whilst the...more

Employment And Labor Law Alert: The National Labor Relations Board Changes Course - Witness Statements Obtained During Workplace...

by Jonathan Naples, Matthew Tews | Leonard, Street and Deinard on 1/14/2013

Until recently, the National Labor Relations Board's decision in Anheuser-Busch, 237 NLRB 982 (1978), was clear: employers were not obligated to provide witness statements collected during workplace investigations to the...more

California Employment Law Notes - January 2013

by Harold Brody, Enzo Der Boghossian, Anthony Oncidi, Kenneth Sulzer, Mark Theodore | Proskauer Rose LLP on 1/14/2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

California’s Wage Orders: Landmines and Goldmines

by Tiffany Brosnan | Snell & Wilmer L.L.P. on 1/11/2013

Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13). All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages...more

Eighth Circuit “Owes No Deference” To NLRB Ruling On Class Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 1/11/2013

One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements...more

EmployerLINC.com - January 10, 2013: Following the rules does pay off

by Sharolyn Whiting-Ralston | McAfee & Taft on 1/11/2013

My husband frequently makes fun of my innate nature to follow rules. When a sign at the store says don’t carry merchandise into the restroom, I don’t. I go in through the “in” door and out through the “out” door. Boring...more

Will The NLRB's Protection Of Water Cooler Conversations Trump A Company's Right To Keep Its Investigations Confidential?

by Catherine M. Foti | Morvillo Abramowitz Grand Iason & Anello P.C.... on 1/10/2013

Over the past year, the National Labor Relations Board has issued a series of decisions that have significantly expanded the rights of non-supervisory employees, including non-unionized employees, to discuss information that...more

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Administrative Law › Civil Procedure › Labor & Employment Law