Labor & Employment Administrative Agency Civil Remedies

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California Courts Continue to Rule in Favor of Arbitration

California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims - In 2011, the California Supreme Court in...more

Punitive Damages Not Available Under Cook County Human Rights Ordinance

The Illinois Supreme Court recently held that the Cook County Commission On Human Relations (the “Commission”) acted beyond the scope of its authority when it awarded punitive damages to a prevailing complainant in connection...more

Illinois Supreme Court to Review Jurisdiction of Circuit Courts Over Pension Disputes

In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a...more

Woolworths – Widening the Ambit of Collective Redundancy Consultation

It has been reported that the UK's Employment Appeal Tribunal ("EAT") has overturned an employment tribunal decision denying protective awards to former employees of Woolworths who had worked in stores with fewer than 20...more

Tenth Circuit Issues its First Decision Interpreting SOX: Offers Broad Reading of the Act

On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more

The ERISA Litigation Newsletter - April 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

Subrogation Claims are “Equitable Relief” Governed by ERISA

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

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

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

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

IRS "Fresh Start Program" Offers More Taxpayers Greater Opportunity to Resolve IRS Debts

If you currently owe back income and/or payroll taxes, the Internal Revenue Service's (IRS) recently initiated "Fresh Start Program" may now make either (1) the installment agreement or (2) an Offer in Compromise (OIC) a more...more

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the...more

Malfunctioning Dump Truck Instantly Kills Alabama Worker

A horrific New Year's Eve workplace accident has left one family in east Alabama completely devastated following the death of their loved one. The Occupational Safety and Health Administration will likely lead an...more

California Employment Law Notes - January 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

Patton Boggs Insights - December 2012: Enforcement: $950,000 Settlement In Crandall Canyon Mine Accident

The Crandall Canyon Utah coal mine operator agreed to pay $949,351 to settle civil penalties MSHA levied following an accident in 2007 that took the lives of . six miners, followed by the deaths of three additional personnel,...more

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

HVAC Company Fired Employee Because of Heart Condition and Refused to Rehire Him After He Filed a Discrimination Charge, Federal Agency Said - BALTIMORE - A leading provider of mechanical heating, ventilation and air...more

Carrols Corp. To Pay $2.5 Million to Settle EEOC Sexual Harassment and Retaliation Lawsuit

89 Women To Benefit From Settlement With World's Largest Burger King Franchisee - NEW YORK - Carrols Corporation, the world's largest Burger King franchisee, will pay $2.5 million and take significant remedial steps to...more

ABC Cake Shop & Bakery in Albuquerque Settles EEOC Sexual Harassment Suit for $220,000

Owner Harassed Numerous Female Workers, Including Teens, and Forced Some Women to Quit, Federal Agency Charged - ALBUQUERQUE, N.M. - The ABC Cake Shop & Bakery in Albuquerque, which is owned and operated by Early Bird...more

McCormick & Schmick’s to Pay $47,814 to Settle EEOC Disability Discrimination Lawsuit

Deaf Prep Cook at National Harbor Restaurant Demoted, Harassed, Retaliated Against and Fired, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurant, Inc. will pay $47,814 and provide other...more

Emmert International to Pay $180,000 to Settle EEOC Race Harassment and Retaliation Lawsuit

Heavy Haul Transportation Company Allowed Environment of Racial Abuse and Retaliated Against Employee for Complaining, Federal Agency Charged - PHOENIX - Emmert International agreed to settle an employment...more

J.A. Thomas & Assoc. Agrees to Pay $350,000 to Settle EEOC Disability Discrimination Suit

Health Care Consulting Firm Refused to Rehire Bilateral Amputee, Federal Agency Charged - DETROIT-The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has resolved its suit against J.A....more

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

Dayton Superior Corporation to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Federal Agency Charged Company Fired Employee Because of Her Bipolar Disorder - ATLANTA - Dayton Superior Corporation, a nationwide provider of concrete and masonry construction products, will pay $50,000 to settle a...more

Fox Den Apartments to Pay $37,000 to Settle EEOC Disability Suit

Property Manager Was Terminated After Heart Attack, Federal Agency Charged - ATLANTA -Oxford Glenn Of Wrightsboro, LLC, Stansberry and Company LLC, and Stansberry Management, LLC, d/b/a Fox Den Apartments will pay...more

Patton Boggs Insights - December 2012: Enforcement: Combustible Dust Global OSHA Settlement

Carpet manufacturer Mohawk Industries, Inc. will implement procedures to prevent combustible dust explosions under a settlement agreement with OSHA. The agency cited Mohawk in June 2011 for six alleged violations at the...more

Company Director Jailed For Ontario Employment Standards Violations

A director of six Ontario companies has been sentenced to 90 days in jail after those companies systematically ignored orders to pay wages issued by the Ontario Ministry of Labour. The Ontario Employment Standards Act, 2000...more

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