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HTMLSecond Circuit Holds That Dodd-Frank Anti-Retaliation Provisions Do Not Apply Extraterritorially
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 14, 2014, the United States Court of Appeals for the Second Circuit held in Liu v. Siemens AG, No. 13-4385-cv, --F.3d -- (2d Cir. Aug. 14, 2014), that the Dodd-Frank anti-retaliation protection provisions do not apply extraterritorially, but the court did not address whether those...

 

HTMLGuidance for Employers Regarding Ebola
Duane Morris LLP;
Legal Alert/Article
October 28, 2014, previously published on October 16, 2014
On September 30, 2014, the Centers for Disease Control and Prevention (CDC) confirmed the first travel-associated case of Ebola to be diagnosed in the United States. The patient died of Ebola on October 8. More recently, on October 12, 2014, a healthcare worker at Texas Presbyterian Hospital who...

 

HTMLIt's Official: $10.10 Minimum Wage For Government Contractors
Fisher Phillips LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
The U.S. Labor Department (DOL) published final regulations implementing President Obama’s Executive Order, raising the minimum wage to $10.10 per hour for workers on government contracts. The new minimum wage will take effect January 1, 2015, and will be adjusted annually, as it is indexed...

 

HTMLThe FMLA and Unforeseeable Leave
Ryan A. Haas; Chuhak & Tecson, P.C.;
Legal Alert/Article
October 28, 2014, previously published on October 8, 2014
Some thorny questions can arise when determining an employee’s rights under the Family and Medical Leave Act (“FMLA”), especially when the leave is deemed “unforeseeable.” For instance, in a recent Seventh Circuit decision, the Court held that a former employee of a...

 

HTMLEmployer Dress Code Policies Under the Microscope as Supreme Court Reviews Abercrombie & Fitch Case
Goldberg Segalla LLP;
Legal Alert/Article
October 28, 2014, previously published on October 17, 2014
A suit brought by the Equal Employment Opportunity Commission (EEOC) against national clothing retailer Abercrombie & Fitch Stores, Inc., demonstrates why employers should carefully review any dress code policies with counsel, particularly as they may conflict with attire worn for religious...

 

HTMLNew California Paid Sick Leave Law May Cause Headaches for Employers
David L. Cheng, Robert A. Orozco, Allison Vasquez; Ford & Harrison LLP;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
Executive Summary: On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA), which provides nearly all employees working in California with paid sick leave. The new law goes into effect on July 1, 2015.

 

HTMLTitle VII Severance Agreement Issue Remains in Legal Limbo: Judge Tosses EEOC’s Suit Against CVS Solely on Procedural Grounds
Daniel Long; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 28, 2014, previously published on October 22, 2014
Last month, we reported that an Illinois district court judge threw out the EEOC’s controversial lawsuit against CVS seeking to invalidate its severance agreements. The judge there did so and promised to follow up with a written opinion. That opinion has now arrived, but it’s not the...

 

HTMLContemporary Clothing's "Look" Collides With Title VII
Bennett L. Epstein; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 13, 2014
There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious accommodation dispute that has just taken a front and center position in the...

 

HTMLSecond Circuit Adopts Broad Pleading Standard for Whistleblower Protection Under Sarbanes-Oxley Act, But Affirms Dismissal of Complaint
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 8, 2014, the United States Court of Appeals for the Second Circuit in Nielsen v. AECOM Technology Corp., No. 13-235-cv, -- F.3d -- (2d Cir. Aug. 8, 2014), joined a growing number of federal appellate courts that have adopted the Department of Labor’s plaintiff-friendly pleading...

 

HTMLThe Affordable Care Act-Countdown to Compliance for Employers, Week 10: What’s an Employer to Do (with Marketplace Notices)?
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 28, 2014, previously published on October 22, 2014
Under the Affordable Care Act’s employer shared responsibility rules, applicable large employers (those with 50 or more full-time and full-time equivalent employees on business days during the preceding calendar year) incur exposure for assessable payments under Internal Revenue Code §...

 


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