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  • Article

    In KBR Ruling, D.C. Circuit Emphatically Affirms That Internal Investigations Are Protected By The Attorney-Client Privilege

    The D.C. Circuit unequivocally reaffirmed that the attorney-client privilege protects internal investigations conducted by a company’s law department.
    United StatesCorporate/Commercial Law
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    U.S. Supreme Court Upholds "Fraud-On-The-Market" Theory, Permits Defendants To Challenge Reliance Presumption At Class Certification Stage

    The United States Supreme Court upheld the "fraud-on-the-market" theory in federal securities fraud class actions.
    United StatesCorporate/Commercial Law
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    2012 Year-End Requirements And Considerations Under The Affordable Care Act

    Following the election and with the end of the year approaching, employers should evaluate the requirements under the Affordable Care Act that apply to their group health plans.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    A Friendly Reminder From The EEOC—Don't Toss Your Unselected Candidates' Applications Just Yet

    The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII's record retention provisions.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Affordable Care Act: Final Rules Provide Transition Relief For Key Provisions Of The Employer Mandate

    The U.S. Treasury Department has issued final regulations implementing the employer shared responsibility provisions, also referred to as the play-or-pay penalties, under the Patient Protection and Affordable Care Act beginning in 2015.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Are Transgender Individuals Protected Under Title VII’s Ban On Sex Discrimination?

    Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    D.C. Circuit Grants Emergency Injunction, Temporarily Blocking NLRB’s Poster Rule

    A federal appellate court blocked enforcement of a National Labor Relations Board’s rule today that required most employers to post an "employee rights" poster in their workplaces.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    DC Circuit Puts On its Thinking Cap When Addressing NLRB Ruling On Hat Restrictions

    The United States Court of Appeals for the District of Columbia Circuit recently struck a blow for employer's rights to regulate headgear, specifically baseball caps.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    IRS Issues Final Regulations On Suspending Or Reducing Safe Harbor 401(k) Contributions

    The U.S. Department of Treasury and the Internal Revenue Service have issued final regulations providing guidance on permitted midyear reductions or suspensions of safe harbor nonelective and safe harbor matching contributions.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Judge's Impending Ruling on New Alabama Immigration Law Unlikely to Affect Employer Obligations

    On August 24, United States District Judge Sharon Blackburn heard several hours of oral argument in three federal lawsuits challenging the constitutionality of the new Alabama Immigration Act.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Know Where To Go When You Gotta Go: OSHA Releases "Best Practices" On Restroom Access For Transgender Workers

    OSHA Sanitation standard 1910.141 requires employers to provide toilet facilities to their workers.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    More Guidance On The "Windsor" Decision: Mid-Year Amendments To Safe Harbor Plans

    The Internal Revenue Service has issued Notice 2014-37 to provide guidance on amendments to reflect the outcome of "United States v. Windsor".
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Mortgage Loan Officers Are Not Exempt Employees Per The DOL And The Supreme Court Says That Is Okay

    The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    National Labor Relations Board Proposes The Quick Snap

    Remember the 2010 Oregon Ducks football team?
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    NLRB’s ConAgra Foods Decision Finds Employer’s Application Of Non-Solicitation Policy Unlawful

    The NLRB recently decided that ConAgra Food’s discipline of Janette Haines for violating the non-solicitation policy was unlawful, even though Haines engaged in a union-related discussion, and her discussion prompted another employee to stop working during work time.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Proposed Extension Of Retirement Plan Fee Disclosure Rules

    The Employee Benefits Security Administration ("EBSA") has issued a notice proposing an extension to the rules regarding required fee disclosures to plan fiduciaries and participants.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Sixth Circuit Takes The Bait: Worm Farm Employees Fit Under FLSA Agricultural Exemption For Overtime

    Providing legal scholars nationwide a unique opportunity to opine on worm-farming, the Sixth Circuit Court of Appeals held on Friday, October 2...
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Somebody Get Me An Intern!—Second Circuit Overturns "Black Swan" FLSA Case

    Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Supreme Court Opinion Calls Into Question Hundreds Of NLRB Rulings

    The Supreme Court issued its long-awaited Noel Canning decision and invalidated President Obama's January 2012 appointments of three individuals to the NLRB.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Tennessee AG: New Guns-In-Trunks Law Doesn't Affect Employers Right To Fire

    Tennessee Attorney General Bob Cooper opined on May 28 that Tennessee’s new guns-in-trunks law does not prohibit employers from firing employees who bring firearms onto company property.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP

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