Document(s) published by this organization: 98
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|Department of Labor Publishes Notice of Proposed Rulemaking to Implement Executive Order 13658|
Bennet D. Alsher; Ford & Harrison LLP;
July 8, 2014, previously published on July 1, 2014Executive Summary: On February 12, 2014, President Obama signed Executive Order 13658 raising the minimum wage for the employees of some federal contractors and subcontractors to $10.10 per hour, effective January 1, 2015. On June 17, 2014, the U.S. Department of Labor published a Notice of...
|Supreme Court's Contraceptive Decision Not a One-Size-Fits-All Religious Exemption from the Affordable Care Act's Requirements|
R. Brian Spring, Scott V. Wagner, Katelyn D. Winslow; Ford & Harrison LLP;
July 8, 2014, previously published on June 30, 2014Executive Summary: In Burwell v. Hobby Lobby, the Supreme Court ruled 5-4 that closely-held, for-profit corporations have standing under the Religious Freedom Restoration Act of 1993 (RFRA). In addition, the Court held that while the government may have a compelling interest in providing...
|NY Legislature Passes Significant Amendments to the Wage Theft Prevention Act: Employers No Longer Required to Distribute Annual Pay Notices|
Vivien Fang Peaden, Eric Su, Michael D. Yim; Ford & Harrison LLP;
July 8, 2014, previously published on July 1, 2014Executive Summary: On June 19, 2014, the New York Legislature passed a bill to eliminate the requirement that New York employers must distribute annual wage notices to all employees. While employers may be relieved by this change, the bill also increases reporting liabilities and civil penalties...
|Supreme Court Invalidates Recess Appointments to NLRB|
Frederick L. Warren; Ford & Harrison LLP;
July 4, 2014, previously published on June 26, 2014Executive Summary: In a long-awaited decision, the U.S. Supreme Court has held that President Obama's recess appointments of Members Block, Griffin, and Flynn to the National Labor Relations Board (NLRB) on January 4, 2012, were unconstitutional. See NLRB v. Noel Canning (June 26, 2014). Although...
|California High Court Finds Class Action Waivers Enforceable; Waiver of PAGA Action is not Enforceable|
David L. Cheng; Ford & Harrison LLP;
June 27, 2014, previously published on June 24, 2014Executive Summary: Acknowledging the U.S. Supreme Court's decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), to be a game-changer, the California Supreme Court has held that the Federal Arbitration Act (FAA) preempts a state's refusal to enforce an arbitration agreement that includes...
|Supreme Court Rules that Public Employee's Testimony Is Protected by First Amendment|
Jacquelyn L. Thompson; Ford & Harrison LLP;
June 27, 2014, previously published on June 24, 2014Executive Summary: The U.S. Supreme Court recently held that a public employee's truthful sworn testimony, under subpoena, which was not part of his ordinary job duties, was entitled to First Amendment protection. See Lane v. Franks (June 19, 2014).
|When is a Retirement Account not a Retirement Account?|
Jeffrey S. Ashendorf; Ford & Harrison LLP;
June 20, 2014, previously published on June 16, 2014That's what the Supreme Court said last week in a case involving the Bankruptcy Code's exemption for "retirement funds." (The case is Clark v. Rameker, No. 13-299.) In general, when an individual files bankruptcy, funds that are set aside for his or her retirement can be excluded from the...
|Healthcare Employers Must Be Consistent When Restricting Union Buttons and Other Insignia|
Louis P. Britt, Bari L. Goldstein; Ford & Harrison LLP;
June 11, 2014, previously published on June 9, 2014Executive Summary: The National Labor Relations Board ("NLRB" or "Board") recently held that a healthcare employer violated the National Labor Relations Act (NLRA) by prohibiting employees from wearing union protest stickers. See HealthBridge Mgmt., LLC, 360 N.L.R.B. No. 118...
|Students in Clinical Training Program Were Not Employees Under the FLSA|
Bradley R. Hall, Robert D. Hall, Tammie L. Rattray; Ford & Harrison LLP;
June 4, 2014, previously published on June 2, 2014A federal trial court in Florida recently issued a significant decision on the issue of unpaid trainees under the FLSA, finding that 25 former students of Wolford College were not employees when they participated in a clinical training program as part of the college's Masters of Nurse Anesthesia...
|New Tennessee Law Limits Scope of Employment Discrimination|
Louis P. Britt, J. Dylan King; Ford & Harrison LLP;
June 2, 2014, previously published on May 29, 2014Executive Summary: Tennessee has drastically changed the legal landscape of employment discrimination litigation under state law. For claims arising after July 1, 2014, plaintiffs will no longer have the ability to seek unlimited compensatory damages in discrimination lawsuits; the common law claim...