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Proskauer Rose LLP Document Search Results (389) Show: results per page Sort by:  | IRS Clarifies Applicability of Pay or Play to Multiemployer Plans’ Contributing Employers
Robert M. Projansky; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 22, 2013 Last Friday, employers contributing to multiemployer plans received some good news. As expected, the Internal Revenue Service amended the transition rule for 2014 originally set forth in its proposed regulations on the pay or play mandate. An employer required by a collective bargaining agreement...
| | Supreme Court: Certification Requires Class-wide Proof of Damages
Mark W. Batten; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 27, 2013 The dissent in today’s Supreme Court decision on class certification, Comcast Corp. v. Behrends, argues that “the decision should not be read to require, as a prerequisite to certification, that damages attributable to a classwide injury be measurable on a class-wide basis.” The...
| | State Senate Committee Considers Flexible Work Scheduling Bill
Joseph E. Clark; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 22, 2013 California State Sen. Tom Berryhill (R-Modesto) recently introduced Senate Bill 607, reviving efforts to permit employers and employees to agree on flexible work schedules, such as four 10-hour days per week. Unionized workplaces already allow employees to elect to work four 10-hour days; SB 607,...
| | Retaliatory Discharge Under Illinois Law: “Public Policy” Strictly Interpreted Once Again
Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 27, 2013 An Illinois state court of appeals recently held that the Cook County Department of Public Health (“Cook County”) was not liable for common law retaliatory discharge because plaintiff/appellant failed to identify a cognizable “public policy.” Lucas v. County of Cook, Case...
| | Although Funding Bill Offers Agencies More Discretion on Sequestration, Contractors Should Consider Employment Law Implications in Preparing for Additional Program Cuts
Connie N. Bertram; Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 25, 2013 On March 21, 2013, the House of Representatives approved a spending bill that would provide funding for the federal government through September 30. The Senate had already passed the bill and President Obama is expected to sign it. Although the bill locks in the $85 billion in sequester cuts, it...
| | Federal Sick Leave Law Reintroduced to Congress
Michael J. Graham; Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 22, 2013 On March 20, 2013, Senator Tom Harkin (D-Iowa) and Representative Rosa DeLauro (D-Conn.) reintroduced the Healthy Families Act (“the Act”) to the United States Senate (S. 631) and House of Representative (bill number not yet available). Several iterations of the Act have failed to...
| | Survey of UK Alternative Investment Fund Managers Due March 28
Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 22, 2013 The UK Financial Services Authority (FSA) has recently published online a survey for UK alternative investment fund (AIF) managers intending to seek authorisation from the UK Financial Conduct Authority (FCA) under the Alternative Investment Fund Managers Directive (AIFMD).
| | Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity
Lloyd B. Chinn, Harris Michael Mufson, Steven J. Pearlman, Michael D. Spencer; Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 25, 2013 In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected activity” under Section 806 of SOX in Sylvester v. Parexel...
| | The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning Module-Level Testing Were Not Protected Activity Under FCA Whistleblower Provision
Connie N. Bertram; Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 25, 2013 Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007. A federal district court in Maryland granted summary judgment in favor of IST, finding that...
| | Still No EEOC Guidance on Permissible Wellness Program Incentives
Austen K. Townsend; Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 22, 2013 Despite the clear support for employers’ continued and expansive use of wellness programs as a means of promoting health and preventing disease expressed in the Affordable Care Act and the recently-proposed rules implementing and expanding employment-based wellness programs...
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