Features
Michigan Ban on Affirmative Action Upheld by Supreme Court
The U.S. Supreme Court on April 22 voted, 6-2, to uphold Michigan's ban on state affirmative action programs, finding that the court has no authority to set aside the measure approved by voters.
Features
FLSA Actions
In March 2013, the Seventh Circuit Court of Appeals, in an opinion written by Judge Richard A. Posner, decided the case of Teed v. Thomas & Betts Power Solutions, LLC, 711 F.3d 763, 764 (7th Cir. 2013). In a win for employees, the court held that the more plaintiff-friendly federal common law test is appropriate in determining whether an acquiring company assumes the liabilities associated with pending litigation under the Fair Labor Standards Act (FLSA). '
Features
Preparing for the Affordable Care Act Employer Mandate
As of Jan. 1, 2015, the Patient Protection and Affordable Care Act begins to impose certain health coverage requirements on employers who have at least 50 employees. Even though its implications are almost a year away, it is not too soon for employers to prepare for the Employer Mandate. Employers would be wise to figure out if the mandate applies to them, understand the potential penalties that can be imposed on them and, taking into account all of the various considerations, decide if they want to pay or play.
Features
Second Circuit to Decide Challenges over Unpaid Interns
Currently, there are a large number of companies facing lawsuits from current and/or former unpaid interns. Here's what you need to know.
Features
Wage and Hour Class Actions Rising
A look at the 2014 edition of Seyfarth Shaw's Annual Workplace Class Action Litigation Report.
Features
New Developments in Social Media Discovery in Employment Cases
This article focuses on recent developments in the discovery of social media content in employment discrimination cases.
Features
The Death Benefit Only Program
The DBO program' can be used by employers without regard to corporate and qualified plan limitations and may be provided by employers on a permissibly discriminatory basis.
Features
New Online Whistleblower Complaint Form
OSHA recently unveiled a new online whistleblower complaint form. This is significant for employers because whistleblower complaints (and the litigation headaches that accompany them) are now literally only "a few clicks" away.
Features
When Is It Legal to Fire?
Tongue-in-cheek look at real instances when it is legal to terminate an employee.
Features
Class Action Waivers Validated in NLRB Loss
A decision handed down by the U.S. Court of Appeals for the Fifth Circuit in New Orleans in December upheld the use of class or collective action waivers in arbitration agreements.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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