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  • Article

    Employer Is Not Liable For $885,000 In Damages Caused By Off-Duty Employee

    Leopoldo Jorge, Jr., sued Almir Da Fonseca and his employer, the Culinary Institute of America, for injuries Jorge sustained when he was struck by a car driven by Da Fonseca.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Equal Pay Act Expanded

    In 2015, the Legislature enacted significant amendments to California's Equal Pay Act (Labor Code § 1197.5) to address gender wage inequality.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
Article

ERISA Section 510 Interference Claim Time Barred

A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility...
United StatesEmployment and HR
Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    Federal Contractor Employees Receive $300,000 Back Pay Award and Reinstatement

    The U.S. Department of Labor (DOL) and National Labor Relations Board (NLRB) recently reached a settlement with a federal contractor at Fort Belvoir military base regarding employee wages.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal Court Blocks DOL Overtime Rule

    The judge noted that nothing in the FLSA indicates that Congress intended the U.S. Department of Labor to define the exemptions with respect to a minimum salary level only with respect to duties...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fifth Circuit Applies Moench Presumption of Prudence at Motion to Dismiss Stage

    The Fifth Circuit recently joined four other circuits (the Second, Third, Seventh and Eleventh Circuits) in holding that the presumption of prudence applicable in employer stock fund cases is appropriately applied at the motion to dismiss stage of a litigation.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fifth Circuit Remands For Determination Of Whether Surcharge Is Appropriate

    In Gearlds v. Entergy Servs., Inc., 2013 WL 610543 (5th Cir. Feb. 19, 2013), the Fifth Circuit held in light of CIGNA Corp. v. Amara that plaintiff pled a plausible claim for relief for losses.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fourth Circuit Rejects Widow’s Claim For Equitable Relief

    The Fourth Circuit recently rejected fiduciary breach and equitable estoppel claims for life insurance coverage by the widow of a deceased employee.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Handful Of State "Job Killer" Bills Move On To Second House

    According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Video

    La justice décodée - le travail le dimanche (Video)

    Béatrice Pola discusses the legal framework of working on Sunday in an interview for the French national news channel France Info TV with journalist Dominique Verdeilhan. Interview aired October 22, 2018
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    New Jersey Employers Must Display Two Updated Posters

    The New Jersey Department of Labor and Workforce Development recently updated two of the posters that employers must conspicuously display in the workplace.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    NJ Supreme Court To Decide Whether LAD Protects Divorcing Employee

    Last week, the New Jersey Supreme Court agreed to address whether the protection against marital status discrimination under the state’s Law Against Discrimination (LAD) serves to prevent an employer from discharging an employee "because of the anticipated effect of [the] employee’s imminent divorce on the workplace."
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    No Disclosure Of Juvenile Criminal History Required(Including Rape And Murder)

    "Adjudication" includes the crimes of murder, arson, rape, kidnapping, torture, carjacking, aggravated mayhem and discharge of a firearm.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    No Fiduciary Status For 401(k) Plan Service Provider (August 2013)

    The Third Circuit affirmed dismissal of plaintiff Nicholas Danza’s claims that Fidelity breached its fiduciary duties and engaged in prohibited transactions by charging excessive service fees for reviewing and qualifying Domestic Relations Orders (DROs) for a 401(k) plan.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    No New Statute Of Limitations Each Time An Alleged Miscalculated Disability Benefit Is Paid

    The statute of limitations for a claim of underpayment of long-term disability benefits does not accrue with each monthly benefit payment made.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    OSHA Introduces New Online Whistleblower Complaint Form

    As first reported by Law 360 reporter Kat Greene on December 5, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration unveiled a new online complaint form to complement its telephone hotline.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Paid Family Leave Benefits Increased

    Beginning January 1, 2018, the amount of paid family leave benefits increases from 55 percent of earnings to 60 or 70 percent of earnings...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Pay Stub Reform For Exempt Employees

    Employees who are exempt from minimum wage and overtime requirements are not required to have the number of total hours worked tracked and logged on an itemized wage statement.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    President-Elect's Trump Take On Mandatory Employment Arbitrations And Binding Arbitration Clauses

    It is unlikely that President-elect Trump will support or take steps to increase burdens on businesses by limiting private arbitration.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Prominently Displayed, Fundamental Discrepancy In Benefits Triggered Contractual Limitations Period

    The Fifth Circuit concluded that a plan's three-year contractual limitations period began to accrue when a beneficiary received a letter in 2008 that prominently displayed
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 21–40 of 9767 results

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