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Corporate Counsel Wal-Mart

Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

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In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Ballard Spahr LLP

Seventh Circuit Upholds Walmart Pregnancy Accommodation Win Over EEOC

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The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy...more

Foley & Lardner LLP

Seventh Circuit Endorses Objective Reasonableness as a Defense under the FCA

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In a much-awaited Seventh Circuit decision, the court joined four other circuits in endorsing the “objective reasonableness” defense under the federal False Claims Act (FCA). In a 2-1 panel decision, the court not only upheld...more

Epstein Becker & Green

Ninth Circuit Delivers Complete Victory to Walmart on Wage Statement Claims and Rejects Article III Standing to PAGA-Plaintiffs...

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On May 28, 2021, the Ninth Circuit Court of Appeals delivered a win to Walmart in a lawsuit brought by Roderick Magadia (“Magadia”) alleging violations of California’s wage statement and meal break laws....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys...more

Jackson Lewis P.C.

$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed

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In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage...more

Sherman & Howard L.L.C.

Seventh Circuit: No Need For Walmart To Accommodate Religious Manager’s Schedule

Applying the Supreme Court’s longstanding rule that Title VII requires employers to accommodate religious practices unless doing so would impose more than a “slight burden,” the Seventh Circuit Court of Appeals rejected a...more

Locke Lord LLP

A Big Win for Walmart Helps Further Define the Scope of Data Breach Class Actions: ‎Gardiner v. Walmart, Inc.‎

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Litigants have been looking forward to guidance regarding the limits of data breach claims since the California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. Now some of the questions are starting to be...more

Rumberger | Kirk

A Look at Covid-19 Litigation and Key Considerations to Mitigate Potential Litigation

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Since March 2020, approximately 4,219 Covid-19 related cases have been filed across the United States, including: 1,004 Insurance Related Cases... 716 Prisoner/Habeas Corpus Cases... 538 Civil Rights Cases... 415 Labor and...more

Cole Schotz

Readying For The Return: Employers Should Review Insurance Policies For These Protections

Cole Schotz on

Re-opening the workplace may expose employers to potential liabilities, particularly if an employee contracts the virus from a workplace exposure. Some companies are already becoming involved in such lawsuits and they may...more

Lowenstein Sandler LLP

First Employee Lawsuit Filed Seeking to Avoid the Workers’ Compensation Exclusivity Bar for COVID-19-Related Injuries

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Among the many issues employers are struggling with in the midst of the current COVID-19 crisis is the risk of harm to an essential employee who is compelled to report to work. While, of course, most employers are proactively...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

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Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

Seyfarth Shaw LLP

Seyfarth’s 2020 Workplace Class Action Litigation Report Is Now Available!

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Seyfarth Synopsis: Seyfarth’s 16th Annual Workplace Class Action Litigation Report analyzes 1,467 rulings and is our most comprehensive Report ever at 800 pages....more

Thomas Fox - Compliance Evangelist

Top Five Department of Justice FCPA Enforcement Actions in 2019

Welcome to the 2020’s. The past decade helped shape both Foreign Corrupt Practices Act (FCPA) enforcement and corporate compliance programs. 2019 FCPA enforcements bore out many of the developments from the preceding years of...more

Proskauer - Labor Relations Update

Buttoning Up Rules on Union Insignia – Board Makes It Easier for Employers to Restrict Size and Scope of Union Buttons For Those...

The Board continues churning out precedent-setting decisions as year-end approaches. Two days before the Christmas holiday, in Wal-Mart Stores, Inc., 368 NLRB No. 146 (Dec. 16, 2019), the NLRB applied its new view on handbook...more

Parker Poe Adams & Bernstein LLP

Prior Harassment Claims Do Not Eliminate Employer's Use of Faragher-Ellerth Defense

Under Title VII, employers are vicariously liable for incidents of sexual harassment engaged in by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court acknowledged a limited defense to claims of...more

Proskauer - Labor Relations Update

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more

Thomas Fox - Compliance Evangelist

Walmart FCPA Enforcement Action: Part 1 – Introduction

The big one finally is resolved. The long-awaited Walmart Inc. (Walmart) Foreign Corrupt Practices Act (FCPA) enforcement action was announced yesterday. This massive case came in with multiple documents, a long list of...more

UB Greensfelder LLP

Walmart Burned by the Jury in Trademark Infringement Suit

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Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more

Parker Poe Adams & Bernstein LLP

Infrequent Job Tasks May Still Be ADA Essential Function

The Americans with Disabilities Act is not an affirmative action law, meaning that employers are not required to hire or continue the employment of disabled persons who cannot perform essential job functions after reasonable...more

The Volkov Law Group

2018 FCPA Predictions (Part II of II)

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I always take a deep breath when starting this posting – not that I am the kiss of death, but sometimes my predictions come true and most times they do not. But with that caveat, I am brave enough to venture into 2018 and...more

Bass, Berry & Sims PLC

Check your COBRA Notice!

Just when you thought it was “safe to go back in the water,” a new flurry of class action claims based on asserted deficient COBRA notices is drawing the interest of class action plaintiff law firms....more

Proskauer - Corporate Defense and Disputes

Delaware Chancellor Urges Revision of Preclusion Principles in Derivative Actions

The Chancellor of Delaware’s Court of Chancery yesterday urged the Delaware Supreme Court to revise Delaware law on preclusion in shareholder derivative actions. The court’s July 25, 2017 decision in In re Wal-Mart Stores,...more

Morris James LLP

Court of Chancery Advocates New Test Governing Preclusion in Derivative Litigation

Morris James LLP on

In re Wal-Mart Stores Inc. Delaware Derivative Litig., C.A. No. 7455-CB (Del. Ch. July 25, 2017) - This is an important decision holding that just because one derivative litigation was dismissed for failure to overcome...more

Thomas Fox - Compliance Evangelist

This Week in FCPA-Episode 56

This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. The Kokesh case at the US Supreme Court is significant for SEC enforcement of the FCPA around profit...more

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