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Proskauer Rose LLP | USA | 4 Jan 2019

Decertification Petition Was Improperly Dismissed, NLRB Rules

Recently, we explored how the NLRB’s rules for determining the timeliness of a representation can be confusing. Another area of complexity comes from…
Article
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Stinson LLP | USA | 11 Nov 2018

11th Circuit Finds Homeowners Bound By “Shinglewrap” Arbitration Agreement, Shuts Down Class Action

In an opinion that coins new terms and uses the insouciant tone of a blogger, the 11th Circuit just shut down a putative class action brought by…
Article
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Proskauer Rose LLP | USA | 17 Sep 2018

ERISA Doesn’t Preempt Nevada Law Limiting General Contractors’ Obligations To Pay Delinquent Contributions

The Ninth Circuit recently held that ERISA does not preempt a Nevada state law that curtailed the ability of multiemployer plans to recover unpaid…
Article
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Phelps Dunbar LLP | USA | 8 Sep 2017

9th Circuit Serves Employers with a Win in Row Over Tip-Credit

In a decision rendered on September 6, 2017, the 9th U.S. Circuit Court of Appeals found that the Department of Labor's ("DOL") interpretative…
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Sidley Austin LLP | USA | 13 Jun 2017

Fifth Circuit Affirms Defense Verdict and Dismissals of Off-Label FCA Claims

Last week, the Fifth Circuit affirmed a defense verdict and the earlier dismissal of several False Claims Act claims related to the alleged off-label…
Commentary
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DeWitt LLP | USA | 31 May 2017

Seventh Circuit finds sexual orientation protected under Title VII of the Civil Rights Act

The US Court of Appeals for the Seventh Circuit recently ruled en banc that Title VII of the Civil Rights Act prohibits discrimination based on sexual orientation. Following US Supreme Court guidance, it found no difference between sexual orientation claims and gender stereotyping claims, which are covered by Title VII. It is the first federal appellate court to take this position.
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FisherBroyles LLP | USA | 2 May 2017

Will The NY Federal Appeals Court Reconsider Whether Title VII Covers Sexual Orientation?

A little more than a month ago, a three-judge federal appeals panel in New York City held in Christiansen v. Omnicom Grp., No. 16-478, 2017 WL 1130183…
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Nutter McClennen & Fish LLP | USA | 25 Apr 2017

6 Things Employers Must Know About The Family and Medical Leave Act

The Family and Medical Leave Act, 29 U.S.C.A. 2601, is hardly new. It has been around now for more than two decades, and it has been used more than…
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Buchanan Ingersoll & Rooney PC | USA | 17 Apr 2017

Seventh Circuit Holds That Sexual Orientation Is Protected Under Title VII

With its recent en banc decision in Hively v. Indy Tech. Cmty. Coll. Of Ind., 2017 WL 110393 (7th Cir. 2017), the Seventh Circuit became the first…
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Hyatt & Weber PA | USA | 4 Apr 2017

Supreme Court Rules Abuse of Discretion Standard Applies to District Court's Enforcement of EEOC Subpoenas and EEOC Has Broad Subpoena Power

In McLane Co., Inc. v. Equal Employment Opportunity Commission, 581 U.S. --, -- S. Ct. --, 2017 WL 1199454 (2017), the United States Supreme Court was…
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