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Michelle Brauer Abidoye

Noncompete News - January 2014

State Laws Governing Noncompete Agreements May be a Trap for the Unwary - As discussed previously, noncompete agreements can be a powerful tool to help employers protect their confidential, proprietary or trade secret…more

Confidential Information, Non-Compete Agreements, Restrictive Covenants, Trade Secrets

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Geetha Nadiminti Adinata

The Race To File H-1B Work Visas On April 1, 2014

Executive Summary: We are releasing this Alert to remind employers of the fast approaching April 1, 2014 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work…more

Deadlines, H-1B, USCIS, Visas, Work Visas

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Todd Aidman

Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what do I do next?

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed…more

ADA, ADEA, Discrimination, EEOC, Equal Pay Act

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John Allgood

California's Gentry Rule Under Challenge

Executive Summary: The U.S. Supreme Court has vacated the decision of a California state court, which held that a trial court should apply the factors set out in the California Supreme Court's 2007 decision in Gentry v…more

American Express v Italian Colors Restaurant, Arbitration Agreements, Class Action Arbitration Waivers, Gentry, SCOTUS

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Bennet Alsher

Eleventh Circuit Upholds Enforceability Of Class Action Waiver

Executive Summary: The Eleventh Circuit recently held that an arbitration agreement that waives an employee's ability to bring a collective action under the Fair Labor Standards Act (FLSA) is enforceable under the Federal…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Federal Arbitration Act

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Jeffrey S. Ashendorf

Supreme Court Decides Severance Not Exempt From FICA

Executive Summary: On March 25, 2014, the United States Supreme Court unanimously held that certain severance payments (described as "supplemental unemployment compensation benefits" or "SUBs") constituted taxable wages for…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay

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Alec Beck

Legal Alert: Fast Food Walkouts May Be Just Beginning

The well-publicized citywide fast food walkout in New York City on April 4, followed by another in Chicago on April 24, appear to be just the beginning of efforts to pressure fast food restaurants into paying higher wages…more

Fast-Food Industry, Hospitality Industry, Strike, Unions, Wage and Hour

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Lilia Bell

NMB Publishes New Strategic Plan

Executive Summary: The National Mediation Board (NMB) has published an updated Strategic Plan. This follows a December 2013 report from the Government Accountability Office (GAO) faulting the previous 2012 Plan. Of particular…more

Air Carriers, Airline Employees, Airlines, Collective Bargaining, GAO

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Gordon M. Berger

Nothing Personal: How to be Smart About Your BYOD Workplace Policy (And Why It Matters!)

You might think people are making more out of BYOD than it deserves, that it is a relatively benign issue. Alas, you’d be wrong…more

Bring Your Own Device, Confidential Information, FLSA, Legal Perspectives, Wage and Hour

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Steven Brenneman

Noncompete News: Illinois Appellate Court Finds Restrictive Covenant Unenforceable; Continued Employment Of At Least Two Years Required

In a decision handed down June 24, 2013, the Illinois Appellate Court, First District, found a restrictive covenant unenforceable due to lack of adequate consideration…more

Consideration, Contract Drafting, Restrictive Covenants

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Louis Britt, III

OFCCP Moratorium Offers Only Temporary Relief For Health Care Providers

Executive Summary: Labor Secretary Perez has announced a five-year moratorium on enforcement "of the affirmative action obligations of all TRICARE providers," and has stated that the Office of Federal Contract Compliance…more

FEHBA, Healthcare, Moratorium, OFCCP, TRICARE

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Edward Carlstedt

Noncompete News - January 2014

State Laws Governing Noncompete Agreements May be a Trap for the Unwary - As discussed previously, noncompete agreements can be a powerful tool to help employers protect their confidential, proprietary or trade secret…more

Confidential Information, Non-Compete Agreements, Restrictive Covenants, Trade Secrets

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Linda Cavanna-Wilk

TRICARE Complaint Dismissed Against Florida Hospital

On March 28, 2014, the OFCCP withdrew its jurisdictional Complaint against Florida Hospital of Orlando after several years of litigation. OFCCP alleged it had jurisdiction to conduct an audit because the Hospital participated…more

Hospitals, OFCCP, TRICARE

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Roshni Chaudhari

Legal Alert: Deaf Lifeguard's Disability Claims Against Oakland County Go To Jury

The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of disability…more

ADA, Appeals, Disability, Discrimination, Genuine Issue of Material Fact

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Brian Cunningham

Legal Alert: The New Form I-9 Is Here

After a lengthy delay and extensive comment period, U.S. Citizenship and Immigration Services (USCIS) released today a revised Form I-9 (Rev. 03/08/13 N). Employers may download the new form by visiting the USCIS web site at: …more

Eligibility, Hiring & Firing, I-9, USCIS

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Christopher Curran

The Full Quorum Strikes Back - NLRB's Ambush Election Rules Revived

Executive Summary: With a full quorum of Board members and a 3-to-2 political majority in the Democrats' favor, the National Labor Relations Board (NLRB) has resurrected proposed rule changes that would drastically affect…more

Ambush Election Rules, NLRB, Union Elections, Unions

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Adam Dougherty

Fifth Circuit Finds Confidentiality Provision Violates NLRA

Executive Summary: The Fifth Circuit recently found that a confidentiality agreement prohibiting disclosure of "financial" and "personnel information" was unlawful under the National Labor Relations Act (NLRA). Employers who use…more

Confidentiality Agreements, NLRA, Trucking Industry

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Tiffany D. Downs

Final Regulations On Affordable Care Act's Employer Mandate Issued – Part 1

Executive Summary: Under final regulations issued by the U.S. Treasury Department on February 10, 2014, employers with at least 50 but fewer than 100 employees will not be required to comply with the employer shared…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Heath Edwards

Restaurant Industry Legal Alert: Child Labor Restrictions Could Impact Summer Hiring

Everyone remembers their first summer job in high school. It was not only your first taste of what it meant to work for a living, but also your first taste of having some extra spending money for the weekend…more

Child Labor, Hiring & Firing, Minors, Restaurant Industry

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J. Scott Evans

Legal Alert: Supreme Court Strikes Portion Of DOMA

On June 26, 2013, the United States Supreme Court issued a pair of opinions favorable to the gay rights movement, ruling that married same-sex couples are entitled to federal benefits and, by declining to decide a case from…more

Discrimination, DOMA, Due Process, Employee Benefits, Equal Protection

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Raanon Gal

Fifth Circuit Further Strengthens Class Action Waivers With Latest DR Horton Decision

In a long awaited decision, D.R. Horton v. National Labor Relations Board, (Case. No. 12-60031, Dec. 3, 2013), the Fifth Circuit Court of Appeals vacated the January 2012 ruling of the National Labor Relations Board ("NLRB")…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, D.R. Horton

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Herbert Gerson

Legal Alert: Tennessee's Safe Commute Act May Impact Workplace Weapons Policies

On March 14, 2013, Tennessee governor Bill Haslam signed into law the "Tennessee Safe Commute Act." The new law, which takes effect July 1, 2013, will allow handgun carry permit holders to store firearms and ammunition in their…more

Concealed Carry Permit, Firearms, Guns-in-Trunks Legislation

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Kristin Starnes Gray

Healthcare Legal Alert: Former Nurse Asks U.S. Supreme Court To Settle Circuit Split On Meal Break And Timekeeping Issue

On July 22, 2013 a former nurse asked the U.S. Supreme Court to resolve a circuit split, which she claims the Sixth Circuit created when it found that the nurse's admitted failure to follow the hospital's procedures for logging…more

FLSA, Nurses, Payroll Records, Rest and Meal Break, SCOTUS

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Doug Hall

Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

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Kenneth R. Hannahs, Jr.

Legal Alert: FCPA Resource Guide Issued

On November 14, 2012, the Criminal Division of the United States Department of Justice ("DOJ") and the Enforcement Division of the United States Security and Exchange Commission ("SEC") issued "A Resource Guide to the U.S…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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John Hauge

Whistleblowing Made Easy: OSHA's New On-Line Complaint Procedure Has Gone Live

The U.S. Occupational Safety and Health Administration ("OSHA") recently made it easier for disgruntled employees to file whistleblower complaints against their current or former employers. Going forward, employees who believe…more

Complaint Procedures, OSHA, Retaliation, Safety Precautions, Whistleblowers

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Julia Hodges

Legal Alert: Obesity Is A Disease, But Is It A Disability?

The American Medical Association's (AMA's) declaration that obesity is a disease could open the door to a new wave of lawsuits under the Americans with Disabilities Act (ADA)…more

ADA, American Medical Association, Disability, Disability Discrimination, EEOC

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Nancy Van der Veer Holt

3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back..…more

Background Checks, Hiring & Firing, Legal Perspectives

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Thomas Kassin

Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

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Thomas Keim, Jr.

OFCCP Moratorium Offers Only Temporary Relief For Health Care Providers

Executive Summary: Labor Secretary Perez has announced a five-year moratorium on enforcement "of the affirmative action obligations of all TRICARE providers," and has stated that the Office of Federal Contract Compliance…more

FEHBA, Healthcare, Moratorium, OFCCP, TRICARE

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J. Dylan King

Fifth Circuit Finds Confidentiality Provision Violates NLRA

Executive Summary: The Fifth Circuit recently found that a confidentiality agreement prohibiting disclosure of "financial" and "personnel information" was unlawful under the National Labor Relations Act (NLRA). Employers who use…more

Confidentiality Agreements, NLRA, Trucking Industry

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Adam Klarfeld

Legal Alert: Minnesota Court Upholds Principle That Married Employees May Lawfully Sleep With The Enemy

Your friends may refuse to hang out with you because of your spouse, but in Minnesota, your employer generally cannot…more

Hiring & Firing, Marriage, Protected Class

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Brian J. Kurtz

Finale

Litigation Value: Bless your heart if you’re still keeping track at this point. This blog has always focused on bad behavior. We tease out employment law issues by writing about the characters who do things in the…more

Workplace Hazards

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Isabella P. Lee

3 Things Small Business Owners Don't Include in Their Year-End Planning, But Should

When it comes to year-end planning, what's the one thing most small business owners don't do but should? That's the question we put to attorneys writing on JD Supra, knowing that the diversity of insights would make for…more

Buy-Sell Agreements, Employee Benefits, Legal Perspectives, Small Business, Year-End Compliance Checklist

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Stephen Lueke

Employer Strategies In A Changing Slow-Growth Economy – Dealing With Organized Labor: The Boeing Blueprint

How are U.S. employers approaching the economic "recovery" from the recession and what strategies are being employed by them, particularly in relation to unionized workforces?…more

Boeing, Business Development, Economic Downturn, Unions

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Andrew McClintock

Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

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Leanne Mehrman

Fifth Circuit Further Strengthens Class Action Waivers With Latest DR Horton Decision

In a long awaited decision, D.R. Horton v. National Labor Relations Board, (Case. No. 12-60031, Dec. 3, 2013), the Fifth Circuit Court of Appeals vacated the January 2012 ruling of the National Labor Relations Board ("NLRB")…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, D.R. Horton

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Shane Munoz

Legal Alert: Supreme Court Lends Support To Strategy For Curtailing Wage And Hour Collective Actions

On April 16, 2013, the Supreme Court issued a decision that makes it easier for employers to limit the scope of wage and hour "collective actions." In Genesis Healthcare Corp. v. Symczyk (Apr. 16, 2013), the Court held that an…more

Class Certification, Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk

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Suheily Natal

Noncompete News - January 2014

State Laws Governing Noncompete Agreements May be a Trap for the Unwary - As discussed previously, noncompete agreements can be a powerful tool to help employers protect their confidential, proprietary or trade secret…more

Confidential Information, Non-Compete Agreements, Restrictive Covenants, Trade Secrets

See All Updates »

Katie Parham

Pregnancy-Blind Light Duty Policy Not Enough To Obtain Summary Judgment On Pregnancy Discrimination Claim In New Sixth Circuit Case

The Sixth Circuit recently held that a certified nursing assistant (CNA) should be permitted to take her Pregnancy Discrimination Act claim to trial even though the employer terminated her based on its facially neutral policy…more

Essential Functions, Light-Duty Positions, Pregnancy Discrimination

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Vivien Fang Peaden

The Race To File H-1B Work Visas On April 1, 2014

Executive Summary: We are releasing this Alert to remind employers of the fast approaching April 1, 2014 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work…more

Deadlines, H-1B, USCIS, Visas, Work Visas

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David Prather

Restaurant Industry Newsletter - January 2014

Tax Ruling Impacts the Use of Mandatory Service Charges - Executive Summary: Beginning on January 1, 2014, "mandatory gratuities" or service charges are no longer considered "tips" by the Internal Revenue Service, and…more

FICA Taxes, FLSA, Hospitality Industry, Income Taxes, IRS

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Michelle Rapoport

Legal Alert: California Supreme Court Issues "Mixed Motive" Decision Favorable To Employers

According to a new California Supreme Court opinion, once an employee claiming discrimination demonstrates that a discriminatory reason for his or her termination substantially motivated an adverse employment decision, the…more

Adverse Employment Action, Discrimination, Hiring & Firing, Injunctions, Mixed Motive Cases

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Joanna Rich

Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014

Executive Summary: As anticipated, Newark Mayor Luis Quintana approved an ordinance requiring private employers to provide paid sick leave to employees who work in Newark at least 80 hours per year. The ordinance is expected…more

Employee Rights, Paid Leave, Sick Leave

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Charles Roach

The Race To File H-1B Work Visas On April 1, 2014

Executive Summary: We are releasing this Alert to remind employers of the fast approaching April 1, 2014 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work…more

Deadlines, H-1B, USCIS, Visas, Work Visas

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Susan Nell Rowe

Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor Standards…more

Employee Rights, Employer Liability Issues, FLSA, Minimum Wage, Undocumented Immigrants

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Luis Santos

Legal Alert: Supreme Court Sets Heightened Standard For Proving Retaliation Claims

On June 24, 2013, the United States Supreme Court heightened the burden of proof for employees bringing retaliation claims under Title VII by holding that employees have to prove that the employer's desire to retaliate was the…more

But For Causation, Discrimination, Hiring & Firing, Racial Discrimination, Religious Discrimination

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Salvador Simao

President Obama Orders Changes In Overtime Regulations – What To Expect And When

Executive Summary: President Barack Obama has directed the Department of Labor to "update" and "modernize" overtime rules to expand the number of workers eligible for overtime pay…more

Barack Obama, DOL, Unpaid Overtime, Wage and Hour, White-Collar Exemptions

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Joshua Sudbury

Tennessee Employee Gun Owner Protection Amendment Voted Down

Executive summary: On February 5, 2014, members of the Tennessee Senate voted down an amendment that would have created a specific employment protection for gun owners. The amendment sought to add a provision to the…more

Gun Laws

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Andrew Tanick

Restaurant Industry Newsletter - May 2013: Would You Like Fries, or a Collective Action Overtime Lawsuit, With That Burger?

A number of well-known restaurant chains have been hit with lawsuits over the last few years alleging that their exempt managers or assistant managers were indeed non-exempt and therefore should have been paid overtime. These…more

Collective Actions, Employer Liability Issues, Exemptions, FLSA, Restaurant Industry

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R. Michelle Tatum

Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability

Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train…more

Employer Liability Issues, Estoppel, FMLA, Human Resources Professionals, Retaliation

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Karen Tyner

TRICARE Complaint Dismissed Against Florida Hospital

On March 28, 2014, the OFCCP withdrew its jurisdictional Complaint against Florida Hospital of Orlando after several years of litigation. OFCCP alleged it had jurisdiction to conduct an audit because the Hospital participated…more

Hospitals, OFCCP, TRICARE

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Scott V. Wagner

Final Regulations On Affordable Care Act's Employer Mandate Issued – Part 1

Executive Summary: Under final regulations issued by the U.S. Treasury Department on February 10, 2014, employers with at least 50 but fewer than 100 employees will not be required to comply with the employer shared…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Frederick L. Warren

Consumer Financial Protection Bureau Issues Bulletin About Federal Regulation Of Payroll Cards

Many employers are using or considering using payroll cards to pay employees. A number of states have wage payment laws restricting employers' use of such cards. On September 12, 2013, the Consumer Financial Protection Bureau…more

CFPB, Compliance, Employee Rights, Employer Liability Issues, Minimum Wage

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Jaclyn West

Speaking My Truth About Team-Building

Litigation Value: Aside from a potential workers’ compensation claim for Toby, from having a paper airplane thrown directly into his eye, Dunder Mifflin is getting off light this week…more

Business Development, Corporate Culture

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Kevin Williams

Benefits Bulletin - September 2013

A Troubled Multiemployer Pension Plan Means Big Trouble For Your Company - You can hardly pick up a newspaper or business magazine today without reading about the staggering costs of defined benefit multiemployer plans,…more

Benefit Plan Sponsors, Compliance, Employee Benefits, Employer Liability Issues, Multiemployer Plan

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Louis Wilson

Legal Alert: Sequestration Arrives With Federal Contractors Still Facing WARN Act Uncertainties

March 1 has arrived without a budget compromise in Washington, DC. Barring a last minute deal before midnight tonight, across-the-board federal budget cuts are expected to go into effect. For employers, this will bring with it…more

Contractors, Layoffs, Notice Requirements, Sequestration, WARN Act

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Sarah Pierce Wimberly

Airline Management Newsletter - March 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

Airlines, Aviation Industry, Burden-Shifting, Contractors, Discrimination

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Stephen Zweig

NYC Paid Sick Time Law Effective Today, April 1, 2014

Executive Summary: The New York City Earned Sick Time Act ("the Act") went into effect on April 1, 2014. The Act requires employers with at least five employees who work at least 80 hours per year in NYC to provide all such…more

Employee Rights, Paid Leave, Sick Leave

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