On February 10, 2014, the IRS issued final regulations implementing the employer shared responsibility provisions (the “Pay-or-Play Mandate”) of the Patient Protection and Affordable Care Act (“PPACA”). The final regulations…more
Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!…more
Prepare for DOL whistleblower litigation. The Supreme Court has ruled on the scope of the Sarbanes-Oxley Act whistleblower provision. According to SCOTUS, SOX allows any employee to bring a whistleblower complaint, so long as…more
In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged…more
A recent decision on a Workers Compensation retaliation claim shows a hidden value for employer-union grievance processes. In Macon v. UPS, No. 12-3080 (10th Cir. February 19, 2014), the plaintiff claimed that when he returned…more
Have you ever thought to yourself when knee-deep in messy litigation, “Wow! If I could only roll back time and do things differently!”? Well, sometimes you can. A recent case illustrates this. In Reeves v. Tennessee Farmers Mut…more
In September 2013, the Office of Federal Contract Compliance Programs (OFCCP) implemented its regulation increasing the affirmative action requirements regarding individuals with disabilities for those federal contractors and…more
On February 5, 2014, the National Labor Relations Board (“NLRB”), acting this time with a full quorum, reissued its highly controversial 2011 changes to representation election rules. The proposed changes are the same as those…more
Whether the parties to a collective bargaining agreement (“CBA”) agreed to arbitrate arbitrability (i.e. whether an issue is subject to arbitration at all) was the key issue ConocoPhillips, Inc. v. Local 13-0555 United…more
The Chicago-based 7th Circuit Court of Appeals ruled that where an employee provides care for a family member with a serious health condition does not matter under the Family and Medical Leave Act (“FMLA”)…more
The Fair Labor Standards Act permits employers and unions to agree to exclude from compensable time, the time spent washing and changing clothes. Does this include agreeing about putting on and taking off “protective clothing?”…more
Termination of a construction contract is tricky and fraught with risk. Whether the termination is for cause or for convenience, the contract must be followed to the letter for a termination to be valid. Virtually every…more
In December of 2013, the IRS issued Notice 2013-74, which provides plan sponsors with guidance on how plan participants can elect an in-plan Roth conversion of pre-tax amounts not yet eligible for distribution from the plan.
Last year, we reported on EEOC v. JBS USA, LLC No. 8:10CV318 (D. NE.). The case includes the EEOC’s pattern or practice claim that JBS failed to accommodate its Muslim employees’ religious practices at its Grand Island, Nebraska…more
Cases under the ADA Amendment Act are finally reaching the courts of appeals. In what might be the first case to reach the appellate level on an issue other than whether the statute applied retroactively, the 4th Circuit has…more
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