Veterans

News & Analysis as of

Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing

In a decision consolidating two cases involving two veterans and two separate incidences of data breaches at the Veterans Affairs Medical Center (VAMC) in South Carolina, the US Court of Appeals for the Fourth Circuit...more

Congress Makes Confusing Changes to the VA's Verification Program

The 2017 National Defense Authorization Act (“NDAA”), Pub. L. No. 114-328, which was signed into law on December 23, 2016, contains several notable changes to the current structure of the U.S. Department of Veterans Affairs’...more

Hot List – What’s Happening in the California Legislature 3/20-3/24

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

2018: California Employment Laws on the Horizon

Are you finally caught up on all of the new California laws taking effect in 2017? Then begin preparing for 2018 because the California legislature has been busy drafting another set of employment related laws. Here is a...more

Alaska Legislative Round-Up: Employment-Related Bills Introduced in the 2017-2018 Session

Although Alaska’s 30th Legislative Session is once again primarily focused on addressing our state’s current budget deficit, several bills have been proposed that, if enacted into law, would impact Alaska’s employers. Some of...more

EEOC Sues Company That Didn't Hire Veteran Over Use Of Service Dog

Last week, the U.S. Equal Employment Opportunity Commission filed a lawsuit against freight company CRST Expedited Inc. on behalf of a truck driver trainee who is a veteran. According to the Commission, the employer violated...more

EEOC Sues CRST for Disability Discrimination and Retaliation

Trucking Company Refused to Hire Veteran Because He Uses a Service Dog, Federal Agency Charges - JACKSONVILLE, Fla. -- CRST Expedited Inc., a national trucking company, violated federal law when it failed to accommodate,...more

Federal Court in Idaho Rules That a Government Contractor May Recover Consultant Fees, So Long as Those Fees Were Incurred in...

The United States Department of Veterans Affairs (the “VA”) contracted with Sygnos, Inc. (“Sygnos”) for improvements to the electrical system at a VA hospital in Boise, Idaho. Sygnos subcontracted a portion of the work to...more

2016 DC Metro Area Employment Law Year In Review

The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and...more

The Top Ten Laws That Did Not Pass in 2016 (…But May Pass in 2017)

Each year hundreds of laws are introduced in California’s House of Representatives or Senate, only a fraction of which are ever signed into law. Many laws that are passed, such as last year’s Senate Bill 3 which will increase...more

Adequacy is Adequate: DC District Court Certifies Pacer Fee Class

The United States District Court for the District of Columbia certified a class of all individuals and entities who paid fees to obtain court records though the Public Access to Court Electronic Records (PACER) system. The...more

Fourth Circuit Weighs In on Article III Standing in Data Breach Suits

Earlier this month, the Fourth Circuit weighted in with the most recent decision in the developing case law on Article III standing in data breach litigation, a topic that we have been covering extensively on this...more

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Safeguarding Every Veteran's Benefits: Lessons From Bruce V. Mcdonald, 2017 WL 57172

On January 5, 2017, the United States Court of Appeals for Veterans Claims rejected the assertion by the Veteran’s Administration (VA) and the Board of Veterans Appeals (the Board) that a service member who requested a...more

OFCCP Sues Google For Comp, Employee Data

Every year, typically in the fall, federal contractors across the nation receive scheduling letters from the Office of Federal Contract Compliance Programs informing them that they have been selected for compliance reviews....more

OFCCP Sues Google, Seeking Pay Data

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks...more

EEOC Issues Publication on the Rights of Job Applicants and Employees With Mental Health Conditions

User-Friendly Document Explains Workplace Protections Under the Americans with Disabilities Act - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a resource document that explains...more

Supreme Court Update: Bravo-Fernandez V. United States (15-537) And Order List

12.2.2016 Greetings Court Fans! The Court issued its first signed opinion of the term this week, a unanimous decision in Bravo-Fernandez v. United States (15-537) holding that the Double Jeopardy Clause does not bar the...more

Stevens Transport Sued By EEOC For Disability Discrimination

Company Refused to Hire Air Force Veteran With Bipolar Disorder as Truck Driver, Federal Agency Charged - DALLAS - Stevens Transport, the largest refrigerated trucking company in Texas and one of the top four largest...more

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Returning Veterans to Work: Reemployment Obligations for Employers under USERRA Vary Based on Length of Service

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against members of the U.S. military and imposes various obligations on employers with respect...more

CFPB issues report on servicemember complaints

A new CFPB report, “A snapshot of servicemember complaints,” focuses on issues related to VA mortgage refinancing. The report indicates that as of November 1, 2016, the CFPB had received over 12,500 mortgage complaints...more

Military Disability Benefits May be Wrongfully Taxed by the IRS

To help reduce the tax burden of those who bravely serve our country, the Internal Revenue Code provides that a pension, annuity, or similar allowance for personal injury or sickness resulting from active service in the armed...more

State Laws Encourage Employers to Honor Veterans

The tradition of annually recognizing the courage and contribution of veterans dates back to November 11, 1919, the first anniversary of the end of World War I. November 11 became a national holiday in 1938, and employers in...more

Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure...

In Nickerson v. Stonebridge Life Ins. Co. (No. B234271A, filed 11/3/16), (“Nickerson II”) a California appeals court outlined the requirements for complying with the single-digit multiplier annunciated as a Constitutional...more

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