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Legal challenges to ACA not quite finished
  • Hinshaw & Culbertson LLP
  • USA
  • November 26 2012

If you thought that the legal battle over the constitutionality of the Patient Protection and Affordable Care Act ("ACA") was put to rest in NFIB v. Sebelius, you may want to pay attention to Liberty University v. Geithner


District court doesn't 'like' Facebook in fee award decision
  • Hinshaw & Culbertson LLP
  • USA
  • April 26 2012

In Cohen v. Facebook, Inc., (April 10, 2012), the U.S. District Court for the Northern District of California denied defendant’s request for attorneys fees under a statutory fee-shifting provision


EEOC places limits on consideration of criminal records in hiring decisions
  • Hinshaw & Culbertson LLP
  • USA
  • April 26 2012

The U.S. Equal Employment Opportunity Commission (EEOC) on Wednesday, April 24, 2012, approved a guideline restricting employers’ ability to consider criminal history in hiring decisions


California Court of Appeal rules arbitration is not available for claims based on statutory wage and hour claims
  • Hinshaw & Culbertson LLP
  • USA
  • July 10 2012

In Hoover v. American Income Life Insurance Company, Plaintiff was a sales agent for Defendant American Income Life Insurance Company (“AIL”), pursuant to a written contract that provided she was an independent contractor


Supreme Court defines scope of "power press" exception to work comp exclusive remedy rule
  • Hinshaw & Culbertson LLP
  • USA
  • August 20 2012

In its August 20, 2012 decision in LeFiell Manufacturing Company v. Superior Court, the California Supreme Court held that an injured employee’s spouse is not allowed to pursue a claim for loss of consortium in the employee’s civil lawsuit brought under the “power press” exception to the workers’ compensation exclusive remedy rule


Supreme Court directs trial courts to look at the merits in determining whether to certify a class
  • Hinshaw & Culbertson LLP
  • USA
  • April 1 2013

Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to


Employers may violate federal law by refusing to hire union organizers
  • Hinshaw & Culbertson LLP
  • USA
  • March 14 2013

Here's a challenging scenario for employers: An individual applies for a job. The employer becomes aware that the applicant is a union volunteer who


NLRB will ask Supreme Court to affirm board members
  • Hinshaw & Culbertson LLP
  • USA
  • March 12 2013

The National Labor Relations Board ("NLRB") announced today that it would ask the U.S. Supreme Court to review a federal court ruling that


One-sided employment arbitration agreement unconscionable, Court of Appeal rules
  • Hinshaw & Culbertson LLP
  • USA
  • April 1 2013

In Compton v. Superior Court, the Court of Appeal, Second Appellate District, ruled that an arbitration agreement that the employer required an


Analysis: controversy surrounding Obama’s NLRB recess appointees
  • Hinshaw & Culbertson LLP
  • USA
  • April 19 2013

As an employer, you may be perplexed by the flap over President Obama's recess appointments to the National Labor Relations Board ("NLRB") and