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DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now
  • Seyfarth Shaw LLP
  • USA
  • June 20 2017

By now, you likely know that Secretary of Labor Alexander Acosta recently withdrew the Wage & Hour Division’s (WHD) Obama-era guidance documents on


Airline Employee’s Fraudulent FMLA Request Ensures His Claim Never Gets Off the Ground
  • Barnes & Thornburg LLP
  • USA
  • November 4 2016

If I had to guess, there is probably no statute that brings more frustration or gives employers more fits than the Family and Medical Leave Act


Texas District Court Enjoins Federal Gender Identity Protection Of Students
  • Seyfarth Shaw LLP
  • USA
  • August 25 2016

In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice


Environmental and workplace safety audits: creating and preserving legal privileges
  • Seyfarth Shaw LLP
  • USA
  • October 5 2011

Under the Obama Administration, many federal agencies, including the Occupational Safety and Health Administration (OSHA) and the U.S. Environmental Protection Agency (EPA) have redoubled their efforts to enforce existing laws and regulations.


Fourth Circuit draws a line for retaliation suits under the FLSA
  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • USA
  • August 17 2011

On August 12, 2011, the United States Fourth Circuit Court of Appeals affirmed the dismissal of a job applicant's anti-retaliation suit under the Fair Labor Standards Act (FLSA) against her prospective employer.


Seventh Circuit affirms summary judgment in favor of defense contractors in False Claims Act case
  • Jenner & Block LLP
  • USA
  • July 28 2011

On July 26, 2011, the Seventh Circuit affirmed the Northern District of Illinois’ judgment granting summary judgment in favor of defense contractors General Dynamics Corporation and Lockheed Martin Corporation in a long-running, complex case under the False Claims Act (“FCA”).


Anti-gay harassment claims need to be investigated
  • Foley & Lardner LLP
  • USA
  • June 6 2011

The employee in EEOC v. Cromer Food Services, Inc., brought a harassment claim under Title VII, complaining his employer failed to protect him from regular anti-gay harassment by two individuals who were not co-workers.


Maryland restaurant owner who also worked as a bartender is ineligible to receive tips
  • Epstein Becker Green
  • USA
  • March 16 2011

A Maryland federal court recently ruled in Gionfriddo v. Jason Zink LLC that the owner and operator of two taverns could not qualify as a “tipped employee” under the Fair Labor Standards Act (“FLSA”) and the Maryland Wage and Hour Law despite that he also worked as a bartender at his establishments.


Money talks, but who’s listening?
  • Poyner Spruill LLP
  • USA
  • December 8 2010

Money talks, and for hospitals and physicians this can become a real problem when negotiating a fair-market-value compensation arrangement.


No Fourth Amendment violation in ISP scanning of user e-mail, and reporting of suspected child pornography in compliance with law
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An Internet service provider that scanned user e-mail in order to screen out images containing child pornography, and reported suspected images in compliance with federal law, was not acting as an agent of law enforcement for Fourth Amendment purposes, the U.S. Court of Appeals for the Fourth Circuit ruled.