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Proskauer Rose LLP

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Third Circuit Rules That Johnson Controls Did Not Promise Lifetime Health Benefits

USA - August 2 2017 The Third Circuit rejected a claim for lifetime health insurance benefits filed by retired employees of Johnson Controls, finding that the clear and

Two Employees, Social Media, An Unlawful Policy. . .What Could Possibly Go Wrong?

USA - August 4 2017 The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating

What Is Going On With The Revised EEO-1 Form? Acting EEOC Chair Provides Insight Into Its Status

USA - August 8 2017 As loyal readers of our blog are aware, in February 2016, the EEOC released a rule to amend the Form EEO-1. The new rule requires private employers

Ninth Circuit Affirms Dismissal Of Dodd-Frank Whistleblower Case, Using Securities Fraud Standard

USA - August 3 2017 The Ninth Circuit recently affirmed a grant of summary judgment in an employer’s favor, dismissing a SOX and Dodd-Frank whistleblower retaliation

Exhaustion of Plan Administrative Remedies: Important Considerations Following Hitchcock v. Cumberland

USA - August 2 2017 Recently, the Sixth Circuit ruled in Hitchcock v. Cumberland University 403(b) Plan that pension plan participants are not required to exhaust their

OFCCP Announces “Compliance Assistance” Town Hall Meetings

USA - August 17 2017 On August 16, 2017, OFCCP announced that, as part of its efforts to provide compliance assistance to federal contractors, it will be holding three

Divided NLRB Rules Employer Policy Protecting Customer Information Is Lawful

USA - August 16 2017 Employers can prohibit the use by employees of the names, Social Security numbers and credit card numbers of customers in furtherance of

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

USA - August 16 2017 On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and

E.D. Virginia Tosses Dodd-Frank Whistleblower Claim for Lack of SEC Complaint

USA - August 16 2017 The U.S. District Court for the Eastern District of Virginia recently granted a Rule 12(b)(6) motion to dismiss a Dodd-Frank whistleblower

Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim

USA - August 16 2017 The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law