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Employment Status - Secretary of State for Justice v Windle and Arada
  • Proskauer Rose LLP
  • United Kingdom, USA
  • August 2 2016

In Secretary of State for Justice v Windle and Arada the Court of Appeal held that: supplying services on an assignment-by-assignment basis, rather


Employer did not violate FLSA by changing pay rates for nurses working alternative workweeks
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The Fair Labor Standards Act required Pomona Valley Hospital Medical Center (“PVHMC”) to pay its employees 1-12 times the employees’ regular rate for any employment in excess of eight hours in any workday and in excess of 80 hours in a 14-day period


The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions
  • Proskauer Rose LLP
  • USA
  • August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation


A Wrinkle in Time: Anti-Aging Advertising Claims Unsubstantiated by Testing Methods
  • Proskauer Rose LLP
  • USA
  • September 6 2016

The National Advertising Division (NAD)’s annual conference is taking place later this month, so we are taking the opportunity to highlight some


Third Circuit holds that the ADA can obligate an employer to reasonably accommodate an employee’s disability-related difficulties in getting to work
  • Proskauer Rose LLP
  • USA
  • May 26 2010

In a recent ADA case, Colwell v. Rite Aid Corporation, No. 08-4675, 2010 U.S. App. LEXIS 7249 (3d Cir. Apr. 8, 2010), the U.S. Court of Appeals for the Third Circuit reversed summary judgment for the employer and held that employers may need to make reasonable shift changes, allowing an employee with a visual impairment to work the day shift only in order to accommodate the employee’s disability-related difficulties in getting to work


Service animal rule going to the dogs: proposed rule eliminates wild animals, and “comfort” animals from “service animal” definition
  • Proskauer Rose LLP
  • USA
  • May 26 2010

Proposed changes to the service animal rule have "sent fur flying" as the proposal would limit qualifying services animals to dogs (and similar domesticated animals) while eliminating the use of other species - such as monkeys and reptiles - as sanctioned "service animals."


ACA Reporting Update - 2016 Draft Forms & Instructions Released
  • Proskauer Rose LLP
  • USA
  • August 4 2016

Since our last ACA Reporting Update, the extended deadlines to distribute Forms 1095-B and 1095-C to covered individuals and employees and to file


ACA Reporting Update - 2016 Draft Forms & Instructions Released
  • Proskauer Rose LLP
  • USA
  • August 31 2016

Since our last ACA Reporting Update, the extended deadlines to distribute Forms 1095-B and 1095-C to covered individuals and employees and to file the


View From Proskauer: U.S. Department of Labor Raises Penalties for Notice and Disclosure Violations
  • Proskauer Rose LLP
  • USA
  • August 31 2016

ERISA subjects employers, plan sponsors, plan administrators and insurers to a variety of reporting and disclosure requirements, and the failure to


Proposed West Virginia Hospital Merger Could Have Nationwide Effects
  • Proskauer Rose LLP
  • USA
  • May 11 2016

West Virginia recently passed legislation aimed at shielding an in-state hospital merger from antitrust review by the Federal Trade Commission, and