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Recent Department of Labor settlement highlights need for employer caution when characterizing wages as “per diem” payments

USA - August 9 2013 A recent $2 million settlement between the US Department of Labor (DOL) and Hutco, Inc., a major labor services firm, highlights the care that…

Alexandra L. Newman, Andrew S. Rosenman

The backlash to employers requesting applicants’ Facebook passwords

USA - April 26 2012 Social media has come to play an increasingly important role in how businesses operate.

Marcia E. Goodman, Richard E. Nowak, Andrew S. Rosenman

Second Circuit holds that “presumption of prudence” applies in ERISA stock drop litigation

USA - October 20 2011 On October 19, 2011, a divided panel of the US Court of Appeals for the Second Circuit issued two long-awaited opinions addressing the legal standard governing breach of fiduciary duty claims brought against administrators of defined-contribution retirement plans in so-called “stock drop” cases.

Reginald R. Goeke, Marcia E. Goodman, Brian J. Wong

Continued impact of Dukes on class actions: Ninth Circuit cases on gender discrimination and wage and hour

USA - October 11 2011 The decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) continues to have a profound impact on employment class actions across the country.

Lori A. Zahalka, Christopher S. Comstock, Lisa Walgenbach Cornehl, Marcia E. Goodman

Supreme Court grants certiorari in Fair Labor Standards Act case

USA - March 23 2010 The Fair Labor Standards Act ("FLSA") provides a cause of action to an employee who suffers an adverse employment action "because such employee has filed any complaint" under the FLSA.