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HTMLFifth Circuit Rejects SOX Whistleblower Claims Not Raised in Administrative Complaint; Adopts Liberal "Reasonable Belief" Pleading Standard With Respect to Protected Conduct
Mary E. Pivec; Ford & Harrison LLP;
Legal Alert/Article
August 12, 2015, previously published on August 11, 2015
Executive Summary: On July 31, 2015, the Fifth Circuit issued a decision that may have both a positive and negative impact on employers defending whistleblower retaliation claims under the Sarbanes Oxley Act (SOX). In this decision, the court held that a former employee could not proceed with the...

 

HTMLIs Mandatory Paid Sick Leave on the Horizon for Federal Contractors?
Linda Cavanna-Wilk, Karen M. Tyner; Ford & Harrison LLP;
Legal Alert/Article
August 7, 2015, previously published on August 6, 2015
The next big change for federal contractors may be a requirement that they provide paid sick leave to employees. According to the New York Times, President Obama has drafted an executive order that would require federal contractors and subcontractors to provide a minimum of 56 hours of paid sick...

 

HTMLNew Texas Law: Is it Enough to Ease Concern Over Franchise Liability for Employment-Related Claims?
Jennifer Jones; Ford & Harrison LLP;
Legal Alert/Article
August 4, 2015, previously published on July 29, 2015
In response to concerns of franchisors that recent National Labor Relations Board (NLRB) actions threaten to undermine the common understanding of a franchisor-franchisee relationship, the Texas Labor Code was amended by the Texas Legislature. The amendment, which goes into effect on September 1,...

 

HTMLMultiemployer Pension Plans - Withdrawal Liability is Mounting
Kevin M. Williams; Ford & Harrison LLP;
Legal Alert/Article
August 4, 2015, previously published on July 28, 2015
There are approximately 1,400 multiemployer pension plans and nearly 10 percent are projected to become insolvent within the next 15 years. Plan insolvency will trigger a termination and the assessment of withdrawal liability. Collectively, these plans have over $30 billion in unfunded liabilities....

 

HTMLUSCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC - But Cautions the Public: ‘Don't Rely on It'
Geetha Nadiminti Adinata, Mary E. Pivec, Charles A. Roach; Ford & Harrison LLP;
Legal Alert/Article
July 31, 2015, previously published on July 27, 2015
Executive Summary: On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the agency's H-1B regulations retroactively to require filing an...

 

HTMLNew Jersey's Conscientious "Everyone" Protection Act? State Supreme Court says "Yes"
Joanna S. Rich, Mark A. Saloman; Ford & Harrison LLP;
Legal Alert/Article
July 29, 2015, previously published on July 16, 2015
Executive Summary: As we previously forecast and employers feared, New Jersey's Supreme Court has dramatically expanded the state's whistleblower law, the Conscientious Employee Protection Act or "CEPA." In doing so, the Court held that so-called "watchdog" employees—who...

 

HTMLD.C. Circuit Reverses NLRB's Decision that AT&T Violated Employees' Rights When It Suspended Employees for Wearing T-Shirt Disparaging the Company
Gary L. Lieber; Ford & Harrison LLP;
Legal Alert/Article
July 28, 2015, previously published on July 21, 2015
Executive Summary: It was probably not that surprising that the U.S. Court of Appeals for the District of Columbia reversed the National Labor Relations Board's (NLRB) decision in Southern New England Telephone Company, 1356 NLRB No. 118 (2011). Of all the controversial decisions issued by the NLRB...

 

HTMLHow to Effectively Handle a Wage and Hour Government Investigation
Danielle J. Moss, Eric Su, Saima J. Zuberi; Ford & Harrison LLP;
Legal Alert/Article
July 28, 2015, previously published on July 21, 2015
Executive Summary: According to recent studies, companies paid $400 million in 2014 and $39 million in the first three months of 2015 to settle wage and hour lawsuits exclusively. Aside from the ever-increasing threat of private wage and hour lawsuits, business owners must be knowledgeable and...

 

HTMLEvents Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations
Mary E. Pivec; Ford & Harrison LLP;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
Executive Summary: On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In United States v. Hartmann Studios, Inc. (OCAHO Case No....

 

HTMLWhat California Employers Need to Know About the New CFRA Regulations Effective July 1, 2015
Angela S. Fontana, Allison Vasquez Saunders; Ford & Harrison LLP;
Legal Alert/Article
July 28, 2015, previously published on July 20, 2015
Executive Summary: On July 1, 2015, the Fair Employment and Housing Council's (FEHC) new regulations interpreting the California Family Rights Act (CFRA) went into effect. The regulations were intended to clarify the previous regulations and align certain aspects of CFRA with the federal Family and...

 


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