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|California Supreme Court Upholds Undocumented Immigrants’ Right to Relief Under State’s Labor and Employment Laws|
Jordan J. Ford; Kutak Rock LLP;
August 1, 2014, previously published on July 29, 2014Last week, the California Supreme Court addressed whether undocumented immigrants may pursue state law claims of discrimination against their employers. In Salas v. Sierra Chemical, the court held that California Senate Bill 1818, which provides state law protections and remedies to all California...
|U.S. Supreme Court Issues Bank Fraud Decision|
Adam Keith Butman Brandon; Rogers Towers, P.A.;
August 1, 2014, previously published on July 29, 2014On June 23, 2014, the U.S. Supreme Court issued its decision in Laughlin v. United States which defined what type of fraudulent activity is punishable under the federal bank fraud statute. Posing as a Mormon missionary, Kevin Loughrin went door-to-door in a Salt Lake City neighborhood and rummaged...
|An Inherited IRA And Bankruptcy|
Tiffany S. Franc; Pessin Katz Law, P.A.;
August 1, 2014, previously published on July 30, 2014In Clark v. Rameker, a case decided by the U.S. Supreme Court on June 12, 2014, the Court ruled that an inherited IRA did not constitute “retirement funds” under the Federal Bankruptcy Code and, therefore, those funds were not exempt assets of the bankrupt estate and were subject to the...
|California Family Rights Act Interference Claims Proceed|
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
August 1, 2014, previously published on July 30, 2014Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the California Family Rights Act (CFRA). According to the court,...
|SEFAZ/PGE Ruling No. 176/2014: Tax Amnesty Program for the State of Rio de Janeiro|
Carolina M. Bottino, Ivan Tauil; Tauil & Chequer Advogados in association with Mayer Brown LLP;
August 1, 2014, previously published on July 30, 2014On 07/24/2014, SEFAZ/PGE Ruling No. 176/2014 was published in the Official Gazette. It regulates the Tax Amnesty Program for the State of Rio de Janeiro, which was authorized by CONFAZ ICMS Convention No. 128/2013, allowing the waiver or reduction of penalties and interest related to the Tax on...
|Federal Circuit Court Opens Door to Discrimination Claim for Dismissal in Event of Sickness|
Adam Salter; Jones Day;
August 1, 2014, previously published on July 2014The Federal Court has permitted an employee, who was dismissed after taking 10 months' leave to fight cancer, to proceed in a claim against his employer for adverse action. Elliot McGarva was employed by Enghouse Australia Pty Ltd but after contracting stomach and liver cancer had gone on leave for...
|Insureds Failed To Plead Any Facts to Support a Plausible Bad Faith Claim in UIM Case, Court Giving Examples of Failures in Pleading, But Gives Leave to Amend; Court States Fiduciary Relationship Only Exists Between Insured and Insurer in Limited Circumstances (Middle District)|
Fineman Krekstein Harris P.C.;
August 1, 2014, previously published on July 29, 2014In Flynn v. Nationwide Insurance Company of America, the insured brought a UIM claim, alleging breach of contract, lost wages and bad faith, and included within his complaint allegations that the carrier breached its fiduciary duty. The carrier moved to dismiss the bad faith claim, and to strike...
|Court Endorses PTO Use for Exempt Employee Partial-Day Absences|
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 1, 2014, previously published on July 30, 2014Employers often confuse the strict rules limiting the docking of exempt employees’ salary with different rules relating to partial-day deductions under vacation or “paid time off” (PTO) policies. A California appellate court has reaffirmed and clarified the vacation rule in Rhea...
|Ninth Circuit Allows Deputies to Proceed with Sex Discrimination Suit|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
August 1, 2014, previously published on July 30, 2014Anderson v. City and County of San Francisco, No. 11-16746 (July 2, 2014): In a recent decision, the Ninth Circuit Court of Appeals held that the San Francisco Sheriff’s Department (SFSD) may have violated Title VII of the Civil Rights Act of 1964 by barring male sheriff deputies from...
|Law Firm Investigative Reports No Longer Confidential?|
Adam Salter; Jones Day;
August 1, 2014, previously published on July 2014Justice Whelan of the Federal Court has held that an investigatory report into the conduct of an employee is not covered by client legal privilege. Accordingly, it may be disclosed to the subject of the report.