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Employment Law

Do equitable principles apply to ERISA plans?

When an accident victim’s medical expenses are covered by an ERISA plan, and the victim goes on to win a tort suit for his injuries, who foots the attorney’s bill? That question was at the heart of oral arguments on ...

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Stance on at-will clauses modified

After stirring up the employment bar with two cases finding that at-will employment clauses in non-union workplaces violated federal labor laws by potentially stifling concerted activity, the National Labor Relations Board has issued two guidance memos that offer some relief ...

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Wal-Mart faces new class action

Temporary workers at Wal-Mart have filed a new class action against the retail giant. The lawsuit, filed in Illinois federal court, alleges that the company violated wage and overtime laws by requiring temporary employees to show up early for work, ...

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Are seasonal workers covered by wage freeze?

Seasonal sanitation workers in Buffalo are trying to recover wages they believe they should have received during a three-year wage freeze that ended more than five years ago. Led by Marlino Gress, the four workers claim they were not part ...

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Injunction OK in sex harassment case

A district court abused its discretion where, in the face of egregious acts of sexual harassment perpetuated by a single employee, it declined to order injunctive relief directed toward ensuring that individual was no longer in a position to continue ...

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EEOC to focus on disability, LGBT

Disability bias claims, Title VII protection for lesbian, gay, bisexual and transgendered individuals, and accommodations for pregnant women who have been forced to take unpaid leave are among the emerging issues that the Equal Employment Opportunity Commission is prioritizing, according ...

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Back, front pay awards subject to tax withholding

A Title VII plaintiff’s awards of back and front pay constituted “wages” subject to withholding under the Internal Revenue Code, the U.S. Court of Appeals for the Second Circuit ruled in reversing judgment, Noel v. New York State Office of ...

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Employee may avoid rotating shifts under ADA

An employee with fibromyalgia and sleep apnea could maintain a disability discrimination claim based on his employer’s refusal to allow him to work only a straight day shift, the 7th Circuit has ruled in reversing a summary judgment. The plaintiff ...

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Second Circuit: Teacher can file FMLA suit for denial

A public high school teacher could proceed with a Family and Medical Leave Act lawsuit based on an allegation that he was denied tenure in retaliation for taking protected leave, the U.S. Court of Appeals for the Second Circuit ruled ...

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