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  • Article

    Employer May Have Feha Liability If It Exercised Direction/Control Over Temp Worker

    Elvia Velasco Jimenez asserted claims under the FEHA against her "contracting employer," a manufacturing company named U.S. Continental Marketing Inc. ("USCM")
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer May Have Willfully Violated FCRA By Not Providing Employees Proper Background Check Notice

    Barnes & Noble argued that the "extraneous information" was included in the disclosure due to an inadvertent drafting error.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Was Deprived Of Due Process By Trial Court's Erroneous Use Of Representative Sampling

    U.S. Bank ("USB") appealed a $15 million judgment that was entered against it following a bifurcated bench trial.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Equitable Exception To Excuse Interim Withdrawal Liability Payments Rejected

    A federal district court in New Jersey recently declined to apply an equitable exception to excuse an employer’s failure to pay interim withdrawal liability payments while it challenged the demand for withdrawal liability.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Expense Reimbursement Claims Are Covered By Employment Practices Insurance

    Lloyds of London provided the employer in this case with an employment practices liability insurance ("EPLI") policy, which contained an exclusion relating to "wage and hour or overtime law(s)."
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal Contractors’ Posting Requirements On NLRA Rights

    On May 20, 2010, the Federal Register published the final rule detailing the contents of a notice federal contractors and subcontractors must post, advising employees of their rights under the National Labor Relations Act ("NLRA").
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal Court Blocks "Request Arbitration, Go To Jail" Law In California

    As we reported previously [here], Assembly Bill 51, which would impose criminal penalties upon employers ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • 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

    Fifth Circuit Refuses Application Of Bright-Line Test In FLSA Seaman Exemption Dispute

    On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the FLSA’s seaman exemption.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Foreign Companies That Allegedly Trafficked Cambodians Did Not Have Sufficient Contacts With US

    The district court granted defendants' summary judgment motion, which the Ninth Circuit affirmed in this case.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose 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

    Former CEO’s Qui Tam Action Was Improperly Dismissed Under Anti-SLAPP Statute

    Michael Strathmann filed a qui tam complaint against his former employer Acacia in which he alleged insurance fraud.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fourth Circuit Rejects Retirees' Claim for Vested Health Benefits

    The case is Barton v. Constellium Rolled Prods.-Ravenswood, LLC, No. 16-1103, 2017 WL 1078540
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fourth Circuit Temporarily Allows DEI-Related EOs To Continue

    As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants' motion to stay the preliminary injunction in National Association of Diversity Officers...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Further Expanding An Already Expansive NJ Whistleblowing Law

    Often touted as the most expansive state whistleblowing law in the U.S., New Jersey’s seemingly boundless Conscientious Employee Protection Act may get even broader.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    House Passes Bill To Delay Effective Date Of Overtime Rule Change

    The House of Representatives has passed a bill to delay the effective date of the new overtime rule by six months.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    In-Home Supportive Services Workers Entitled To Paid Sick Leave

    This bill, on and after July 1, 2018, entitles a provider of in-home supportive services who works in California for 30 or more days within a year from the commencement of employment to paid sick days.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    IRS Clarifies Applicability Of Pay Or Play To Multiemployer Plans’ Contributing Employers

    Last Friday, employers contributing to multiemployer plans received some good news, as the Internal Revenue Service amended the transition rule for 2014 originally set forth in its proposed regulations on the pay or play mandate.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing

    The Court also rejected plaintiffs' contract theory on the ground that they were not hired until they established they were qualified for the job by passing the drug test.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP

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