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  • Article

    Defective Release Enables Terminated Workers To Pursue Age Claims

    Two federal appellate courts have now held that a release signed by IBM employees who were terminated with severance benefits during a workforce reduction did not release the company from liability for age discrimination claims subsequently brought by those employees. In Syverson v. International Bus. Mach, No. 04-16449 (August 31, 2006), the Ninth Circuit Court of Appeals held that IBM’s release agreement was invalid. This decision follows a similar ruling from the Eighth Circuit Court of
    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Employers must Bargain over Hidden Surveillance Cameras that Monitor Employees

    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Union Videotaping of Replacement Workers during a Strike Violates the NLRA

    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Seventh Circuit Issues Groundbreaking Decision: Holds That Sexual Orientation Discrimination Is Sex Discrimination Under Title VII

    On April 4, 2017, a full en banc panel of the Seventh Circuit held in Hively v. Ivy Tech Community College that sexual orientation discrimination is a form of sex discrimination under Title VII.
    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Seventh Circuit Issues Groundbreaking Decision, Holds That Sexual Orientation Discrimination Is Sex Discrimination Under Title VII

    On April 4, 2017, a full en banc panel of the Seventh Circuit held in Hively v. Ivy Tech Community College (Case No. 15-1720) that sexual orientation discrimination is a form of sex discrimination under Title VII.
    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    California Corner: New Notice Requirements Regarding Domestic Violence Victims' Rights And LA's Ban The Box Ordinance

    California Labor Code sections 230 and 230.1 provide certain rights to employees who are victims of domestic violence, sexual assault or stalking, including the right to take time off from work...
    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    California Corner: The Road To Nowhere – Final Approval Of Lyft Settlement Dodges The Issue Of Driver Classification

    On March 16, 2017, U.S. District Judge Vince Chhabria of the Northern District of California issued an order granting final approval of a $27 million settlement between Lyft, Inc. and its drivers.
    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    U.S. Supreme Court Removes Additional Burden on Trademark Infringers Claiming Fair Air Use Defense

    Addressing a split among the appellate circuit courts, the U.S. Supreme Court decided a trademark case clarifying the burden of proof necessary for an accused infringer to escape liability under the statutory fair use defense.
    United StatesIntellectual Property
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Premium Processing Resumes For FY 2018 H-1B Cap Cases

    PPS for all other H-1B petitions, such as extensions of stay, remains temporarily suspended.
    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Dress Codes And Religious Symbols At Work In The EU

    The European Court of Justice (ECJ) recently issued long-awaited decisions on two cases addressing whether an employer can lawfully prohibit women from wearing a hijab at work.
    European UnionEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Employment Cases Dominate Supreme Court Docket

    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Pleading Poverty during Bargaining may Require Production of Supporting Information

    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Employers Dealt A Wild Card - Seniority System Trumps A Request For Accommodation

    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    No Back Pay For Undocumented Alien

    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Immigration Alert: Travel Ban Partially Reinstated

    Late last night the U.S. Department of State sent a cable to Consulates and Embassies abroad instructing them to reinstate parts of the ban as of 8 p.m. Eastern Time today, June 29, 2017.
    United StatesImmigration
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    EEOC Finalizes Rule on Retiree Health and Medicare

    On April 22, 2004, the Equal Employment Opportunity Commission ("EEOC") finalized its proposed rule to grant an exemption from the Age Discrimination and Employment Act of 1967 ("ADEA") for retiree health plans which are integrated with Medicare or comparable State health benefits programs.
    United StatesTax
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    When Clothing Is A Work Of Art

    In a 6–2 decision, the U.S. Supreme Court issued its decision in Star Athletica, L.L.C. v. Varsity Brands, Inc. in which it held that aspects of Varsity Brands Inc.'s cheerleading uniform designs are protectable under the U.S. Copyright Act.
    United StatesIntellectual Property
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    The Problem Employee: Discipline or Accommodation?

    Two recent cases illustrate how dealing with an employee who interacts negatively with coworkers can lead to litigation. In one case, a belligerent supervisor claimed that a campaign of racial harassment had created a hostile work environment and led to his constructive discharge.
    United StatesEmployment and HR
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    Management Strategy Sustained In Residency Dispute

    United StatesStrategy
    Vedder, Price P.C.
    Vedder, Price P.C.
  • Article

    E-Discover Discovery and Records Management Update

    Several recent court decisions demonstrate the severe sanctions companies face for destroying documents during litigation and underscore the need to implement and comply with litigation holds.
    United StatesLitigation, Mediation & Arbitration
    Vedder, Price P.C.
    Vedder, Price P.C.

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