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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...

 

HTMLUS EPA Approves New Standard for Conducting Phase I Environmental Site Assessments
Aliza R. Cinamon, Gail S. Port, Yelena Simonyuk; Proskauer Rose LLP;
Legal Alert/Article
January 16, 2014, previously published on January 15, 2014
The United States Environmental Protection Agency (EPA) recently issued its final rule amending the standards and practices for conducting environmental "all appropriate inquiries" to include a new standard recently made available by ASTM International, a widely recognized standards...

 

HTMLInitial TIC B Forms Filing Deadline for Investment Managers on January 15, 2014
Proskauer Rose LLP;
Legal Alert/Article
January 14, 2014, previously published on January 13, 2014
Beginning 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....

 

HTMLTop New Jersey Legal Developments
John P. Barry, Allison L. Martin, Joseph C. O'Keefe, Daniel L. Saperstein; Proskauer Rose LLP;
Legal Alert/Article
January 14, 2014, previously published on January 2014
2013 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,...

 

HTMLDepartments Release New FAQ Guidance on ACA and MHPAEA Implementation Issues
Stacy H. Barrow; Proskauer Rose LLP;
Legal Alert/Article
January 14, 2014, previously published on January 10, 2014
On 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...

 

HTMLRecent Guidance on Fixed Indemnity Plans—FAQ’s Relax Standards
Peter J. Marathas; Proskauer Rose LLP;
Legal Alert/Article
January 14, 2014, previously published on January 10, 2014
As 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...

 

HTMLDOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority
Daniel J. Davis; Proskauer Rose LLP;
Legal Alert/Article
January 10, 2014, previously published on January 9, 2014
Earlier 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...

 

HTMLThe NLRA Rights Poster Lives on Through Other Means
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
January 10, 2014, previously published on January 9, 2014
The 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...

 

HTMLCalifornia Employers Down, But Not Out, Concerning Class Certification Issues
Irina Constantin, Keith A. Goodwin, Laura Reathaford; Proskauer Rose LLP;
Legal Alert/Article
January 8, 2014, previously published on January 7, 2014
Shortly 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.

 

HTMLBeware: When Sending Employees to the U.S.: Business Visitors under Scrutiny
David Grunblatt, Valarie H. McPherson; Proskauer Rose LLP;
Legal Alert/Article
January 8, 2014, previously published on January 7, 2014
It 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...

 


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