Proskauer Rose LLP Document Search Results (262)
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|ARB: “Clear And Convincing Evidence” Needed To Support After-Acquired Evidence Doctrine|
Allison L. Martin, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
January 16, 2014, previously published on January 7, 2014The 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...
|New 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;
January 16, 2014, previously published on January 14, 2014On 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...
|Recent Guidance on Fixed Indemnity Plans—FAQ’s Relax Standards|
Peter J. Marathas; Proskauer Rose LLP;
January 14, 2014, previously published on January 10, 2014As previously reported, the federal agencies responsible for drafting the rules implementing the Affordable Care Act (ACA) (the U.S. Labor Department, the U.S. Department of Health and Human Services and the U.S. Treasury Department (together, the “Departments”)) on January 9, 2014...
|Initial TIC B Forms Filing Deadline for Investment Managers on January 15, 2014|
Proskauer Rose LLP;
January 14, 2014, previously published on January 13, 2014Beginning with the period ended December 31, 2013, the U.S. Department of the Treasury expanded the scope of the financial institutions required to report cross-border claims, liabilities and short-term securities holdings on Treasury International Capital (TIC) B Forms to include (i) a U.S....
|Top New Jersey Legal Developments|
John P. Barry, Allison L. Martin, Joseph C. O'Keefe, Daniel L. Saperstein; Proskauer Rose LLP;
January 14, 2014, previously published on January 20142013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and alcohol policies, employee leave, arbitration, non-competes,...
|Departments Release New FAQ Guidance on ACA and MHPAEA Implementation Issues|
Stacy H. Barrow; Proskauer Rose LLP;
January 14, 2014, previously published on January 10, 2014On January 9, 2014, the Departments of Treasury, Labor, and Health and Human Services (collectively, the “Departments”) published the eighteenth installment of a series of answers to Frequently Asked Questions regarding implementation of the Affordable Care Act (ACA) and the Mental...
|DOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority|
Daniel J. Davis; Proskauer Rose LLP;
January 10, 2014, previously published on January 9, 2014Earlier this week the Department of Labor moved to remand Frito-Lay’s lawsuit seeking to block the production of employment data in connection with an OFCCP investigation into discrimination at its Dallas facility. Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012). The...
|The NLRA Rights Poster Lives on Through Other Means|
Ronald E. Meisburg; Proskauer Rose LLP;
January 10, 2014, previously published on January 9, 2014The NLRB’s decision not to pursue Supreme Court review in the NLRA rights poster cases (which, depending on what happened behind the scenes, may have in reality been a decision by the Solicitor General of the United States) should not have come as a complete surprise. The likelihood of review...
|California Employers Down, But Not Out, Concerning Class Certification Issues|
Irina Constantin, Keith A. Goodwin, Laura Reathaford; Proskauer Rose LLP;
January 8, 2014, previously published on January 7, 2014Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to plaintiffs in wage and hour lawsuits.
|Beware: When Sending Employees to the U.S.: Business Visitors under Scrutiny|
David Grunblatt, Valarie H. McPherson; Proskauer Rose LLP;
January 8, 2014, previously published on January 7, 2014It has never been clear what activities are permitted while traveling to the US as a Business Visitor within the B-1 visa classification. However, Infosys Corporation (“Infosys”) is the first company to feel the wrath of the US government for an alleged systematic abuse of the visa...