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Termination Today's Popular Updates

Morgan, Brown & Joy, LLP

The U.S. Supreme Court Clarifies the Legal Standard for the NLRB Seeking Preliminary Injunctions Against Employers

On June 13, 2024, the U.S. Supreme Court issued Starbucks v. McKinney,1 which clarifies the legal standard governing temporary injunctions sought by the National Labor Relations Board (NLRB or Board) against employers alleged...more

Hinch Newman LLP

FTC Alleges Adobe and Executives Deceived Consumers About Early Termination Fees and Prevented Easy Cancellation of Subscriptions

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On June 17, 2024, the Federal Trade Commission announced an action against software maker Adobe and two of its executives for allegedly deceiving consumers by hiding the early termination fee for its most popular subscription...more

Weintraub Tobin

California Employment News: Considerations for Employment Termination (Podcast)

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Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and...more

Weintraub Tobin

California Employment News: Considerations for Employment Termination

Weintraub Tobin on

Considerations for Employment Termination Navigate California's at-will employment landscape, ensuring professionalism and legality in employee termination. Nikki Mahmoudi and Tomiwa Aina of Weintraub Tobin's Labor and...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Baker Donelson

U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

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On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find...more

BCLP

UK HR Two-Minute Monthly: June 2023

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Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Sheppard Mullin Richter & Hampton LLP

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

Amundsen Davis LLC

Employers’ Rights Under the Computer Fraud and Abuse Act (CFAA) Narrowed after Supreme Court Decision in Van Buren

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In today’s digital age, employers store immense amounts of information, including confidential and proprietary information, on their on-premises systems, cloud-servers and other data storage solutions. With this collection of...more

Weintraub Tobin

Producer’s Copyright of Friday the 13th Screenplay Slashed In Screenwriter’s Termination Lawsuit

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On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright...more

Constangy, Brooks, Smith & Prophete, LLP

A Few Grains Of Salt About That COVID Vaccine Decision From Texas

Don't rely on it too much -- yet. We recently got our first federal court decision addressing whether an employer had the right to require employees to be vaccinated for COVID-19. The court's answer was yes... ...more

Dickinson Wright

New COBRA Subsidy Available April 1, 2021

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The American Rescue Plan Act of 2021 ("ARPA") includes a 100% COBRA subsidy for "assistance eligible individuals" during the six-month period of April 1, 2021 through September 30, 2021. Following is a summary of the COBRA...more

Patterson Belknap Webb & Tyler LLP

American Rescue Plan Act: COBRA Premium Subsidies and Increased Limits for Dependent Care Benefits

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”) which is another coronavirus stimulus package aimed at speeding up the United States’ recovery from the economic and health...more

BakerHostetler

FAQs: American Rescue Plan Act of 2021 COBRA

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Q: Does the American Rescue Plan Act of 2021 (ARPA) impact group health plans? A: Yes, ARPA makes temporary but significant changes to Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) coverage. ...more

Fisher Phillips

IRS Guidance On The Effect Of COVID-19 On Partial Plan Terminations

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COVID-19 has forced many employers to reduce their workforce through furloughs or layoffs. These reductions may cause employers to experience a partial plan termination of their qualified retirement plans, which requires 100%...more

McGuireWoods LLP

$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers

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It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for...more

Payne & Fears

Don’t Let Technology Run Away With Your Customer Information

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For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more

FordHarrison

Roseanne Barred from ABC: How to Protect Your Business from Social Media Meltdowns

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Roseanne Barr, known for her big mouth and abrasive humor, is no stranger to controversy. (I still cringe when I recall her rendition of the national anthem.) Unfortunately for her, and the more than 200 people who worked on...more

Husch Blackwell LLP

D.C. Circuit To The NLRB: Lying Is Not Protected Activity

Husch Blackwell LLP on

Last week, the U.S. Court of Appeals for the D.C. Circuit reversed and remanded a pro-employee Board decision concerning an employee who had been discharged based on the “disparaging content” of the testimony he made before...more

Orrick - Employment Law and Litigation

Sixth Circuit Rules that Employer Cannot Rely on the Religious Freedom Restoration Act to Defend Discrimination Claims by...

On March 7, 2018, the Sixth Circuit issued a ruling of first impression, holding that the Religious Freedom Restoration Act (“RFRA”) did not exempt an employer from liability for violating Title VII of the 1964 Civil Rights...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - February 2018

DOJ Expands Opioid Enforcement Efforts Using Data Analytics - On Jan. 30, 2018, Attorney General Jeff Sessions announced that over the next 45 days, as part of its continued increase in opioid-related enforcement, the Drug...more

BakerHostetler

Supreme Court's Upcoming Whistleblower Decision May Dramatically Impact Compliance Programs

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On November 28, 2017, the United States Supreme Court heard oral argument on whether whistleblowers are entitled to protection from retaliation under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Jackson Lewis P.C.

Prior Entitlement To FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons

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The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had...more

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