Civil Procedure

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News & Analysis as of May 19, 2013

DOL Seeks To Defend Its Data Gathering Authority

by Daniel Davis | Proskauer - Government Contractor Compliance... on 3/29/2013

Last week, the Department of Labor moved to dismiss Frito-Lay’s lawsuit (Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012)) seeking to block the production of employment data for an OFCCP investigation...more

Airline Management Newsletter - March 2013

by Lilia Bell, Linda Cavanna-Wilk, Doug Hall, Sarah Pierce Wimberly | FordHarrison on 3/29/2013

In This Issue: - NMB Announces Voting Procedures Changes - Second Circuit Weighs In On AIR21 Burden-Shifting Framework - DOL Issues Final FMLA Crewmember Regulations ..Flight Crew Eligibility Standards ...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other...

by Steven J. Pearlman, Daniel Saperstein, James Segroves | Proskauer - Whistleblowing & Retaliation on 1/29/2013

“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only...more

Frito-Lay Appeals ARB Ruling Which Granted OFCCP Access to Data

by FordHarrison on 6/12/2012

Frito-Lay Inc. has been involved in litigation with the Office of Federal Contract Compliance Programs (OFCCP) over the agency's ability to obtain data after the date of the compliance review scheduling letter. The Company...more