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Civil Remedies Labor & Employment

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Increase in UK Employment Compensation Limits

by Dechert LLP on

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2018, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

First State Charges Broker-Dealer in Connection with Violations of DOL Fiduciary Rule

On February 15, 2018, the Enforcement Section of the Massachusetts Securities Division (the “Division”) of the Office of the Secretary of the Commonwealth charged a registered broker-dealer (the “Broker-Dealer”) that operated...more

New York Court Blocks DACA Demise

On February 13, 2018, a U.S. district court in New York issued a nationwide preliminary injunction halting the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals (DACA) program. President Donald...more

Vindication! Fifth Circuit Reverses Notorious District Court Health Care Fraud Decision

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a major victory for ERISA plans and other payors, the Fifth Circuit recently overturned a district court’s notorious decision in favor of a healthcare provider and reinstated a plan administrator’s...more

Massachusetts Highest Court Refuses to Award a Triple Windfall

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation. ...more

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

Victory’s Motion Is Not A “SLAPP” Dunk: Petition Gathers Are Trespassing When Seeking Signatures In Front Of Store Entrances

by Seyfarth Shaw LLP on

Synopsis: Ralphs Grocery v. Victory Consultants, 17 Cal. App. 5th 245 (2017), gives some solace to private property store owners. The Silver lining of the Victory Consultants grocery store decision—petitioners and signature...more

Court Precludes Parallel Cause of Action Where CEPA Violations Are Plead

On January 30, 2018, the U.S. District Court for the District of New Jersey granted Defendant Public Service Electric & Gas Co.’s motion to dismiss a New Jersey common law wrongful termination claim in a whistleblower...more

Monthly Update—Australian Labour & Employment - December 2017/January 2018

by Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we report on the exposure draft of the Treasury Laws Amendment (Taxation and Superannuation Guarantee Integrity Measures) Bill 2018. We then consider a decision of...more

Federal Employment Law Updates

by White & Case LLP on

New Tax Law Limits Deductibility of Confidential Sexual Harassment and Abuse Settlements - Effective December 22, 2017, new Section 162(q) of the Internal Revenue Code of 1986, as amended (the "Code"), denies businesses...more

Cash Payments Made To Employees In Lieu Of Health Benefits Must Be Factored Into Overtime Pay Under The FLSA

by LeClairRyan on

In Flores v. City of San Gabriel, the Ninth Circuit held that cash payments made by the City to its employees in lieu of healthcare benefits must be factored into the base pay that is used to calculate overtime pay (1.5 times...more

Human Trafficking Raises Corporate Liability Concerns for the Hospitality Industry

Recent U.S. lawsuit against corporations, including major hotel chains, shines the spotlight on the need for anti-human trafficking compliance. U.S. law creates corporate liability for entities, such as hotels, casinos and...more

New Tax Bill Eliminates Deductibility of Confidential Sexual Harassment Settlements

by Perkins Coie on

Although business-related settlement payments (and attorneys’ fees) are generally tax-deductible, the 2017 Tax Cuts and Jobs Act (the Tax Act) restricts an employer’s ability to obtain tax deductions for settlements of sexual...more

Missouri Court of Appeals Upholds $1.5 Million Whistleblower Jury Verdict

On January 22, 2018, the Missouri Court of Appeals upheld a jury verdict awarding approximately $1.5 million in damages to a radiation oncologist after finding that she had been constructively and wrongfully terminated in...more

The Board and #MeToo

by Allen Matkins on

The following fact pattern should be familiar. A high-profile news story runs detailing years of sexual harassment by the CEO of a company. Four women sued, claiming that the CEO repeatedly propositioned or groped female...more

Employment Law Letter - Winter 2018

by Shipman & Goodwin LLP on

2017 was not a good year for the University of Connecticut Health Center when it comes to labor and employment litigation. First the state Supreme Court upheld the decision of a labor arbitrator reinstating an employee who...more

Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers

by Fisher Phillips on

If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more

Fifth Circuit Upholds Jury Verdict in Constructive Discharge Case due to Employer’s “Shifting Reasons” for Its Personnel Decisions

In Delaronde v. Legend Classic Homes, Ltd., No. 17-20027 (January 18, 2018), the Fifth Circuit Court of Appeals affirmed a district court’s denial of an employer’s post-verdict motion for judgment as a matter of law, finding...more

The Rise of Trade Secret Litigation in the Digital Age

U.S. courts have recognized trade secret protection for more than 200 years, and companies have long relied on trade secrets to guard iconic intellectual property, such as the ingredients for Coca-Cola and the Big Mac’s...more

Key California Employment Law Cases: December 2017

by Payne & Fears on

Lopez v. Routt, 17 Cal. App. 5th 1006, 225 Cal. Rptr. 3d 851 (2017) - Facts: Plaintiff sued her employer and supervisor for harassment in violation of the California Fair Employment and Housing Act (“FEHA”). The matter...more

Second Circuit Decision in Sexual Harassment Case Shows Heightened Risk for Health Care Employers

by Epstein Becker & Green on

Health care employers should be aware that a recent holding from the U.S. Court of Appeals for the Second Circuit may indicate that courts and juries are beginning to weigh in on the dramatic sexual harassment developments,...more

Lawyers Suing Lawyers: Spate of Pay Equity Litigation Brought By Female Partners Against Their Firms

by Fisher Phillips on

Call it ironic, but even providers of legal services are targets for pay equity litigation. Case in point: a $300 million dollar class action lawsuit filed against a labor and employment law firm in the U.S. District Court...more

Are Forum Selection Clauses in ERISA Plan Documents Enforceable?

On January 17, 2018, the United States Supreme Court allowed a Seventh Circuit decision to remain in effect that determined that a forum choice provision in an ERISA plan is enforceable, despite ERISA’s statement that suits...more

N.C. Appellate Court Refuses to Declare Noncompete Invalid Prior to Discovery

In some situations, lawyers can determine that post-employment noncompetition agreements are likely to be declared automatically invalid. For example, a North Carolina employer that attempts to obtain a five year...more

ERISA Newsletter - Fourth Quarter 2017

by Proskauer Rose LLP on

Editor's Overview - For over two decades, federal law has required covered health plans and insurers to ensure that certain mental health benefits are in parity with offered medical/surgical benefits. The meaning of...more

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