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HTMLThird Circuit Rules Failure to Disclose Deadline to File Suit in Denial Letter Warrants Setting Aside Limitations of Suit Provision in Plan
Joshua Bachrach, Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
The Third Circuit ruled on August 26, 2015, that if a claim administrator fails to disclose in its final denial letter any plan-imposed deadline to challenge the denial in court, then that deadline will be set aside in favor of the most analogous state-law statute of limitations. In Mirza v....

 

HTMLAt Will? What’s That?
Rebecca Marks; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written contract, rights will be implied at law to the advantage of the employee...

 

HTMLJust Desserts* or Just Cause?
Christine Dowling; Borden Ladner Gervais LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
By now, most of you will be familiar with the Ashley Madison scandal where hackers revealed personal information of customers of the infamous website which creates a virtual marketplace for those interested in engaging in extra-marital affairs. While the focus of the media frenzy has largely been...

 

HTMLThe NLRB Goes Back to Church (Schools), Gets Entangled
John Richard Carrigan, James C. Pennington; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction over religiously-affiliated colleges and...

 

HTMLNo General Right for Grievors to Remain Unidentified in Labour Arbitration Decisions
Lisa Carlson; Borden Ladner Gervais LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
The British Columbia Court of Appeal (in a recent case identified as United Food & Commercial Workers Union, Local 1518 v. Sunrise Poultry Processors Ltd.) has confirmed that there is no general right for grievors or witnesses to avoid having their names disclosed in labour arbitration awards....

 

HTMLNLRB Revisits Standard for Joint-Employment, Casts Wider Net
Hayley Lewis Folmar, Jason C. Taylor; McConnaughhay, Duffy, Coonrod, Pope,Weaver, Stern & Thomas P.A.;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
On August 27, 2015, the National Labor Relations Board ("NLRB" or “the Board”) released its revised joint-employer standard in the BFI Newby Island Recyclery decision, 362 NLRB 186. In doing, so, the NLRB asserted that its effort was to rectify inconsistency with prior...

 

Adobe PDFBe Mindful of Those Job Offers!
Jeremy E. Deutsch; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
Legal Alert/Article
September 1, 2015, previously published on August 2015
A recent decision in New York makes it clear that employers better be careful about what they tell prospective employees when making a job offer. At-will employees in New York usually have a difficult hurdle to overcome if they want to bring suit in connection with losing their job. At-will status...

 

HTMLNew Mexico Employers Can Limit Liability Under The Faragher-Ellerth Defense
Jeremy K. Harrison; Modrall Sperling;
Legal Alert/Article
September 1, 2015, previously published on August 27, 2015
In 1998, the United States Supreme Court created an affirmative defense for employers who have been sued for discrimination or harassment and who can show that "(1) the employer exercised reasonable care to prevent and correct promptly any . . . harassing behavior; and (2) that the employee...

 

HTMLNLRB Adopts New Joint Employer Test: Companies That Kind of, Sort of, Maybe Someday Could Exercise Control Over Employees Can Be Joint Employers
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 28, 2015
The NLRB dropped a major bomb on businesses in subcontracting, franchising, and temporary staffing relationships yesterday, adopting a new-very, very broad-definition of joint employment. In Browning-Ferris Industries of California, Inc., a 3-2 decision, the NLRB decided that workers at a...

 

HTMLAshley Madison Data Dump Creates Risk for Employers
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 28, 2015
My colleague Wynter Deagle recently wrote a post on Privacy & Security Matters discussing some implications and lessons from the recent Ashley Madison hack and data dump. It’s important to understand the increased risk for employers this data dump created.

 


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