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Weekly Industry News – Employment Law

April 23rd, 2014
in Employment & Benefits, Legal Conferences |

Employment Law –  Bed Bath & Beyond ends ban on workers with criminal past, Tennessee’s employment litigation reform and more.

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Weekly Industry News – Employment Law

April 17th, 2014
in Employment & Benefits, Legal Conferences |

Employment Law –  this week’s update includes the New York City sick time act, Fifth Circuit denies NLRB petition and more.

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Supreme Court Takes Case About Company Stock Funds and Presumption of Prudence

April 16th, 2014
in Employment & Benefits, Expert Guest Blog Entries, Legal Conferences |

Expert Guest Entry by Wilber H. Boies , PC, Prashant Kolluri, Nancy G. Ross, Chris C. Scheithauer & Michael S. Yellin, Originally Published on http://www.mwe.com 

The Supreme Court of the United States granted certiorari in Fifth Third Bancorp v. Dudenhoeffer, suggesting that the Supreme Court will resolve the current division among U.S. circuit courts regarding the application of the “presumption of prudence” in employer stock cases.

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Weekly Industry News – Employment Law

April 9th, 2014
in Employment & Benefits, Legal Conferences |

Employment Law –  this week’s update includes the EEOC’s guidance for employers, National Pay Equity Day and more.

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NLRB Holds Policy Banning “Negative Comments” and Requiring “Positive and Professional” Behavior Is Unlawful

April 8th, 2014
in Employment & Benefits, Expert Guest Blog Entries |

Expert Guest Entry by Nathan Pangrace, Originally Published on http://ralawemployment.blogspot.com/

The National Labor Relations Board (NLRB) recently held that an employer’s policy prohibiting “negative comments” and requiring “positive and professional” behavior was unlawful. The employer, Hills and Dales General Hospital, developed the policy in response to a poor working environment that was permeated with “back-biting and back stabbing.” Employee satisfaction was low, employees were looking for jobs elsewhere, and patients were seeking health care outside the hospital. As a result, the hospital set up a team of employees to develop a statement of values and standards of employee behavior, which contained the following paragraphs:

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Oral Argument in the US Supreme Court’s Fifth Third Bank Case – “Coach Class Trustees” and Insider Trading Dominate the Debate

April 8th, 2014
in Employment & Benefits, Legal Conferences |

Expert Guest Entry by Scott J. Stitt , Originally published on www.arnlaw.com/blog/erisa/

On April 2, the US Supreme Court heard oral argument in the Fifth Third Bank v. Dudenhoeffer case, which started with a bang – the very first question (from Justice Kennedy) described the presumption of prudence as like having a “coach class trustee” for ESOPs.

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How Much EPL Insurance Should Your Clients Buy? Beware of Fee Shifting. Statutory Rule Escalates Awards in Employment Cases.

April 4th, 2014
in Employment & Benefits, Expert Guest Blog Entries, Legal Conferences |

Expert Guest Entry by Laura Zaroski, J.D.

Sometimes it’s good to be a plaintiff’s attorney. Why? Fee shifting. You don’t need a big win in lawsuits where statutes allow the court to make the defendant pay the plaintiff’s legal fees. Even if the plaintiff only obtains a small award (even just a dollar), a “win” entitles plaintiff’s counsel to submit fees they incurred in prosecuting the case to the defendant for reimbursement. It seems almost too good to be true! But that is what the law allows in most employment-related cases.

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Weekly Industry News – Employment Law

April 3rd, 2014
in Employment & Benefits, Legal Conferences |

Employment Law –  this week’s update includes the labor law violations by federal contractors, a review of recent whistleblower developments and more.

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Fifth Circuit Rules That Employer’s Overly Broad Confidentiality Policy Unlawfully Restricts Employees’ Right to Discuss Wages

April 3rd, 2014
in Employment & Benefits, Expert Guest Blog Entries |

Expert Guest Entry by Shawn Romer Originally published on http://ralawemployment.blogspot.com/ 

In Flex Frac Logistics, LLC v. NLRB (March 24, 2014), the Fifth Circuit Court of Appeals upheld a National Labor Relations Board (“NLRB”) ruling that struck down an overly broad employer confidentiality policy. The court held that this overly broad policy could be interpreted as prohibiting an employee from discussing his wages with others – a right specifically protected by the National Labor Relations Act (“NLRA”).

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Executive Summary of Interim Regulation on Labor Dispatch

April 2nd, 2014
in China & Singapore, Employment & Benefits, Legal Conferences |

On January 26, 2014, the PRC Ministry of Human Resources and Social Security (“HRSS”) released the Interim Regulation on Labor Dispatch (the “Regulation”) which will take effect on March 1, 2014.  Key provisions of the Regulation are summarized below:

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