SEC Whistleblower Program: What Employers Need to Know
On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in...more
“I am writing with good news!!! Yesterday, the 10th Circuit overturned Franklin’s only remaining conviction and ordered the trial judge to enter a verdict of NOT GUILTY!!! After five long and difficult years, Franklin has...more
When commercial real estate loans go into default, workouts are often pursued to resolve the default by agreement. What are the common forms of workout agreements? For commercial real estate borrowers in default, it’s...more
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
Starbucks Corp. v. McKinney, Regional Director of Region 15 of the National Labor Relations Board, decided on June 13, 2024, arose out of the discharge of several Starbucks employees who formed a union organizing committee...more
The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more
On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the...more
Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough - The claimant underwent an Impairment Rating Evaluation (IRE) on September 20, 2011, following a July 5, 2005,...more
The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more
On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more
Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more
Company Agrees to Reinstate Employee With Diabetes Who Needed an Accommodation - JACKSONVILLE, Fla. – United Parcel Service, Inc. (UPS), will pay $150,000 and provide other relief, including offering reinstatement to a...more
It has been four years since amendments to the Patent Act and Patent Rules were made, bringing the Patent Law Treaty (PLT) into force in Canada. The most consequential changes have proven to be the handling of missed...more
In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more
In the upcoming Supreme Court term, a pivotal employment case is on the docket: Murray v. UBS Securities, LLC. This case will dissect and evaluate a key element of the Sarbanes-Oxley Act (SOX), specifically regarding...more
Eligible employees may receive benefits under Oregon's paid family and medical leave (PFML) program starting September 3, 2023. Many Oregon employers and employees still have questions about this PFML program and how it...more
With rising interest rates, one strategy a debtor can pursue as part of a reorganization is to reinstate a defaulted loan that has a below market rate. As the bankruptcy court for the Southern District of New York recently...more
Dealing with the Colorado Springs DMV can be an incredibly stressful and confusing experience. From enduring long holds and waiting in lengthy lines to receiving inconsistent information, the DMV often lives up to its...more
Grievant was employed for 17 years as an automotive technology instructor at the Clarion County Career Center, a vocational-technical school. His discharge arose out of a complaint by a student that the Grievant’s conduct...more
AGC V. SINGH, 2023 Md. LEXIS 150 (April 7, 2023) It is well-settled that absent certain exceptions, each party is responsible for their own attorney's fees regardless of the outcome of a case. But what about attorney...more
As we’ve recently informed our readers, the National Labor Relations Board (“NLRB” or the “Board”) ended 2022 with a series of consequential decisions for employers. One such decision – issued on December 13, 2022,...more
The National Labor Relations Board (NLRB or the “Board”) has issued a series of recent decisions that will give employers concern in 2023 and beyond. First, on December 13, 2022, the Board issued a decision that greatly...more
On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more
Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have...more
Increasing demand for transparency and tax rules focused on the ownership of foreign financial accounts and interests in foreign trusts and entities affect private wealth planning. There are steps you can take to comply with...more