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HTMLNLRB ALJ Says That Under D.R. Horton, Actions Speak As Loudly as Words
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
January 23, 2014, previously published on January 21, 2014
A few weeks ago, we posted about the Fifth Circuit’s decision in the D.R. Horton case and the NLRB’s doctrine of non-acquiescence. As you will recall, in D.R. Horton, the NLRB held that an employer violates the right of employees to engage in concerted activity by maintaining an...

 

HTMLDistrict Court Denies Summary Judgment On Internal Audit/SOX Administrator’s Whistleblower Claim
Rachel Fischer, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article
January 23, 2014, previously published on January 17, 2014
In denying a bank’s bid for summary judgment on an Internal Audit and SOX Administrator’s SOX whistleblower claim, the U.S. District Court for the Western District of Washington highlighted the present conflict on the standard governing protected activity under Section 806 of...

 

HTMLJersey City Sick Leave Law and Notice/Poster Requirements Effective January 24, 2014
Wanda L. Ellert, Harry N. Hudesman, Joseph C. O'Keefe, Daniel L. Saperstein; Proskauer Rose LLP;
Legal Alert/Article
January 23, 2014, previously published on January 17, 2014
On September 26, 2013, the Mayor of Jersey City, New Jersey signed into law an Ordinance requiring employers to provide sick leave to their employees, effective January 24, 2014.[1] For more on the new law, see our past client alert entitled Jersey City Mayor Signs Sick Leave Law, Continues...

 

HTMLARB: No SOX Whistleblower Liability Where Termination Of In-House Counsel Was Based On Insubordination
Michael J. Graham, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
The ARB recently affirmed an ALJ’s decision that American Commercial Lines Inc. (the “Company”) did not violate the whistleblower protection provision in Section 806 of SOX where the Company demonstrated by clear and convincing evidence that its decision to discharge employee...

 

HTMLNew FAQs Provide Guidance Regarding Effect of ACA on the MHPAEA
M. Todd Mobley; Proskauer Rose LLP;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
As previously reported, the federal agencies responsible for drafting the rules implementing the Affordable Care Act (“ACA”) (the U.S. Department of Labor, the U.S. Department of Health and Human Services, and the U.S. Treasury Department) recently issued FAQ Part XVIII, regarding...

 

HTMLCalifornia Appellate Court Affirms Denial Of Class Certification
Julia Brodsky, Laura Reathaford; Proskauer Rose LLP;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
As we recently reported, there have been a number of appellate decisions ordering class certification based on the existence of an employer’s companywide policy ¿ all while overlooking numerous individualized questions that would undoubtedly create manageability problems during trial....

 

HTMLTrends In N.J. Whistleblowing And Retaliation Law - 2013 Roundup
John P. Barry, Allison L. Martin, Joseph C. O'Keefe, Daniel L. Saperstein; Proskauer Rose LLP;
Legal Alert/Article
January 17, 2014, previously published on January 15, 2014
2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year.

 

HTMLSupreme Court Holds That State Attorney General Suits Brought on Behalf of a State's Residents Cannot Be Removed to Federal Court Under the Class Action Fairness Act
Erika M. Stallings, Lawrence I. Weinstein; Proskauer Rose LLP;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
On January 14, 2014, in Mississippi ex rel. Hood v. AU Optronics Corp., the U.S. Supreme Court unanimously held that lawsuits brought by state attorneys general seeking, among other things, recovery of funds for the benefit of a state's residents, do not qualify for removal to federal court under...

 

HTMLNew York State Takes Aim at Worker Misclassification: The Commercial Goods Transportation Industry Fair Play Act
Fredric C. Leffler, Marc A. Mandelman, Katharine H. Parker, Leslie E. Silverman, Allan H. Weitzman; Proskauer Rose LLP;
Legal Alert/Article
January 16, 2014, previously published on January 14, 2014
On Friday, January 10, 2014, Governor Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act). The Act amends the New York Labor Law to create a presumption that any person performing commercial goods transportation services for a commercial goods...

 

HTMLARB: “Clear And Convincing Evidence” Needed To Support After-Acquired Evidence Doctrine
Allison L. Martin, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article
January 16, 2014, previously published on January 7, 2014
The ARB recently ruled that an employer advancing an after-acquired evidence defense in an AIR 21 whistleblower case must prove the defense by clear and convincing evidence. Clemmons v. Ameristar Airways, Inc., ARB No. 12-105, ALJ No. 2004-AIR-011 (ARB Nov. 25, 2013). This is the same standard...

 


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