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  • Article

    SEC Awards $400,000 To Whistleblower Culpable In Fraudulent Scheme

    On November 23, 2021, the SEC issued an award of $400,000 to a whistleblower who voluntarily provided the SEC with original information that assisted the agency in bringing a successful...
    United StatesCorporate/Commercial Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SEC Enforcement Co-Director Gives Guidance For Wells Process, Part 2

    On June 4, we posted a summary of SEC Enforcement Co-Director Steven Peikin observations during his recent keynote address at the New York City Bar Association's 7th Annual White Collar Crime Institute
    United StatesCriminal Law
    Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    $125,000 Verdict And $550,000 Fee Award Affirmed For Negligent Supervision And Violation Of Civil Code § 51.7 (Freedom From Violence)

    Sylvia Ventura worked as a janitor for ABM. Ventura alleged a history of harassment and an act of violence by her supervisor, Carlos Manzano, and ratification by ABM.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Agreement To Divide $4.3 Million In Attorneys' Fees Was Unenforceable Absent Disclosure About Insurance

    The attorneys who represented the employees in a class action filed a motion with the trial court for approval of a settlement of the action and also for an award of attorneys' fees
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Amendments To DC Accrued Sick And Safe Leave Act Now Fully Apply To Employers

    As if employers in DC didn’t have enough to worry about, the 2013 amendments to the District of Columbia Accrued Sick and Safe Leave Act of 2008.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Arbitration Clause Was Too Narrow To Cover Wrongful Termination Claims

    A California Court of Appeal issued a peremptory writ of mandate directing a trial court to vacate its order compelling arbitration in an employment dispute. The court found that the arbitration clause in the employment agreement was too narrow to cover the employee's statutory discrimination, accommodation, and retaliation claims, as these arose from public policy protections rather than contractual interpretation or breach.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    As DOL Fiduciary Rule Is Officially Vacated, Focus Shifts To SEC

    After nearly a decade in the making, the Department of Labor's fiduciary rule appears to be officially dead. On June 21st, the U.S. Court of Appeals for the Fifth Circuit issued its mandate that finalized its earlier decision vacating the rule—discussed here.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Breaking: Judge Orders Employers Must Submit EEO-1 Pay Data By September 30, 2019

    According to published reports, US District Judge Tanya Chutkan issued a ruling from the bench today ordering employers to submit the pay data component of the EEO-1 form ("Component 2") by September 30, 2019.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California Court Upholds Arbitration Agreement

    Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases

    Harris v. Superior Court, 56 Cal. 4th 203 (2013)</em></p> <p>Wynona Harris alleged her employment was terminated by the City of Santa Monica because of her pregnancy in violation of the California Fair Employment and Housing Act.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California Wage Theft Prevention Act Of 2011 Triggers New Disclosure Requirements That Go Into Effect January 1st, 2012

    Earlier this year, California Governor Jerry Brown signed into law AB 469 (pdf), entitled the "Wage Theft Prevention Act of 2011," which adds Section 2810.5 to the Labor Code and requires employers to furnish to non-exempt employees, at the time of hiring, a notice specifying (among other things) the employee’s rate or rates of pay and the basis on which the employee’s wages are to be calculated.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Call Center Employees' Unpaid Wage Claims Were Properly Dismissed

    The lead plaintiff also claimed he was not compensated for one minute of time when he mistakenly opened an auxiliary computer program before logging into the employer's timekeeping software.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Claims Against Investment Adviser in ERISA Fee Litigation Case Dismissed

    A federal district court in North Carolina dismissed claims by BB&T Corp.'s 401(k) plan participants that Cardinal Investment Advisors, LLC, the plan's outside investment advisor, breached its ERISA fiduciary duties by allowing the plan to invest in BB&T proprietary funds.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Constructive Termination And Joint Employer Claims Were Properly Dismissed

    Carla St. Myers worked as a nurse practitioner at a rural clinic that was part of a medical center owned and operated by Dignity Health.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Court Declines To Decide Whether ERISA Protects Employee From Reprisal For Informal Complaint

    Rather than decide the issue, the court assumed that she had made a prima facie showing, and granted the employer's motion for summary judgment on the ground that she had been terminated for legitimate nondiscriminatory reasons.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Court finds Ex-Employee Likely Violated Non-Solicitation Provision with LinkedIn Post

    The use of social media sites, like LinkedIn, can be a helpful tool to reach a customer base. But a recent district court case out of Minnesota exemplifies the need to ensure that LinkedIn usage complies with the user's employment agreement.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Deadline Approaching For 403(b) Sponsors To Review Plan Documents For Compliance

    Section 403(b) plans must be maintained pursuant to a written plan document that meets detailed requirements set forth in IRS regulations. If a plan contains a defect as to form ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Department Of Labor Issues Proposed Rule Implementing Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

    On February 24, 2016, the U.S. Department of Labor released a proposed rule to implement President Obama's September 7, 2015 Executive Order requiring federal contractors to provide paid sick leave to employees.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    District Court Concludes Statute Of Limitations Defense Must Be Asserted During Administrative Claims Process

    Plan administrators sometimes are confronted with claims that appear untimely, but nevertheless focus solely on the substantive issue raised by the claim.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    District Court Dismisses Allegations That Stable Value Fund is Too Conservative

    A district court in Rhode Island dismissed claims by participants in the CVS Employee Stock Ownership Plan that plan fiduciaries imprudently invested plan assets in the plan's stable value fund.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 361–380 of 9759 results

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