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  • Article

    Fiduciary Breach Claim Based On Oral Representation Can Proceed

    A federal district court in New Jersey held that oral misrepresentations may support a breach of fiduciary duty claim under ERISA.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fifth Circuit: Procedural Win Is Not Grounds for Attorney's Fees

    The case is Ariana M. v. Humana Health Plan of Texas, Inc., No. 18-cv-20700, 2019 WL 5866677.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
Article

Final Chapter For The DOL Fiduciary Rule

The Department of Labor's controversial, Obama-era Fiduciary Rule is dead and gone.
United StatesEmployment and HR
Womble Bond Dickinson
Womble Bond Dickinson
  • Article

    Fisher Phillips California Partners Publish On Encino Motorcars Decision

    Written by Wendy McGuire Coats, Todd Scherwin and Karl Lindegren, the article, "Encino: Deference challenged & ‘fair' is back,"
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Fisher Phillips Portland Attorney Pens Article On Personal Liability For Daily Journal Of Commerce Oregon

    Stephen Scott's article, "Answer to question about personal liability lies down a rabbit hole," looks at federal and state laws and recent court decisions addressing personal liability for individual employers.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Former Accountant Could Proceed With Whistleblower Lawsuit

    Says Siri alleged she was terminated as the general ledger staff accountant for Sutter Home Winery in retaliation for having notified the state Board of Equalization and Sutter's general counsel in writing...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Georgia Federal Suit Pending Over Gender-Affirming Care For Prisoners

    After the state of Georgia passed S.B. 185, a law that removed funding for gender-affirming healthcare in prisons...
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    In Re Estate Of Yudin, 2014 IL App (4th) 130171-U

    Adam Ernette (Associate-Chicago) and Edna Kersting (Partner-Chicago) co-authored "In re Estate of Yudin, 2014 IL App (4th) 130171-U," which appeared in the September 19, 2019 ...
    United StatesEmployment and HR
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Irvine Attorney Reminds Employers That Perseverance Can Pay Off

    In his bylined article for the Daily Journal titled "Perseverance pays off for employer in class action litigation," Irvine Partner Christopher M. Ahearn discusses how J.B. Hunt Transport's
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Irvine Regional Managing Partner Pens Article On Hotel Service Charges

    He encourages hospitality employers to review their service charge practices to avoid a lawsuit.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Podcast

    Lightning Round: The Impact Of SCOTUS' Ames v. Ohio Dept. Of Youth Services Decision (Podcast)

    Rebecca Springer and Kimberley Johnson share an overview of the Supreme Court's recent decision in Ames v. Ohio Dept. of Youth Services and what it means for employers and anti-discrimination litigation moving forward.
    United StatesEmployment and HR
    Crowell & Moring LLP
    Crowell & Moring LLP
  • Article

    LISTEN NOW: Drew Eckl & Farnham's Special Podcast Episode On Workers' Compensation, Work From Home Injuries And How We Define Them

    As episode 2 of our ongoing Workers' Compensation Webinar Series, Partner Ryan V. Klee and Senior Associate Ryan Lawson discuss the new landscape of workers' compensation.
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Lyft Was Not Liable For Accident Involving One Of Its Drivers

    While driving a car rented through Lyft's "Express Drive Program," Jonathan Guarano struck the plaintiffs and caused significant injuries. Plaintiffs sued Lyft under the doctrine of respondeat superior...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    More Potty Police Activities

    Following up on my prior potty posts here and here, the Equal Employment Opportunity Commission ("EEOC") has recently settled a lawsuit involving a transgender employee...
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    NJ Supreme Court Hears Argument On Whether Disgorgement Of Employee’s Salary Requires Economic Damages

    Though it is unclear what the Supreme Court will decide, Chief Justice Rabner noted during oral argument that previous case law may have left open the possibility of disgorgement without a showing of economic damages.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    NLRB Steps Up Enforcement Against Class Action Waivers

    Many companies have mandatory arbitration agreements with their employees. Those agreements often contain class and collective action waivers, meaning employees must bring their claims individually.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    No "Pleasure" For Florida Whistleblower

    Despite 14 pages of vigorous dissent, a majority of a three-judge panel of the Eleventh Circuit has done the right thing and joined the Fourth, Sixth and Ninth Circuits in holding that the National Bank Act preempts state wrongful discharge claims.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Oregon Reverses $10 Million Mesothelioma Verdict

    In Ibarra v. C.H. Murphy/Clark-Ullman, Inc., a wife sued her late husband's employer for loss of consortium arising from her husband's exposure to asbestos while working in California in the 1970s. As the injury occurred...
    United StatesEmployment and HR
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    PAGA Paraphrased – Taduran v. James R. Glidewell, Dental Ceramics, Inc.

    The Fourth Appellate District affirmed a trial court's authority to reduce PAGA civil penalties using any reasonable methodology, rejecting arguments that reductions must follow a specific calculation framework.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    PAGA Paraphrased – Estrada v. Royalty Carpet Mills, Inc.

    The California Supreme Court addressed the split in appellate authority and held that trial courts do not have the inherent authority to strike a PAGA claim on manageability grounds.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Showing 921–940 of 34884 results

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