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USA Track & Field Fights Wrongful Termination Lawsuit

Former USA Track and Field CEO Doug Logan filed a wrongful termination lawsuit against the governing body Wednesday, seeking payment after suddenly being fired last month following a 26-month tenure. The lawsuit, filed in federal court in Indianapolis, seeks unspecified compensatory damages for terminating...

2nd Circuit Sends N.J. Whistle-Blower Claims Of Ex-Pfizer Executive Back For Reconsideration

NEW YORK -- (Mealey's) A Second Circuit U.S. Court of Appeals panel on Nov. 17 affirmed summary judgment on federal False Claims Act (FCA) termination claims by former Pfizer executive Peter Rost but reversed judgment as to his claims under New Jersey's whistle-blower protection laws ( Peter...

Judge Upholds California's Affirmative Action Ban

SAN FRANCISCO - (AP) A federal judge on Wednesday dismissed a lawsuit challenging California's voter-approved ban on affirmative action in public university admissions. U.S. District Judge Samuel Conti ruled against the challenge to Proposition 209, which barred racial, ethnic or gender preferences...

EEOC Final Regulations for GINA, Genetic Information Nondiscrimination Act of 2008 - Prohibiting Use of Genetic Information for Employment Purposes

In this Emerging Issues commentary, Danyelle S.T. Wright and Rachel I. Butt discuss the provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA). On November 9, 2010, the Equal Opportunity Commission (EEOC) issued a final rule implementing Title II of GINA (the "Regulation"...

BBC Case Fuels Debate On Changing The Face Of TV

LONDON - (AP) One colleague offered her hair dye. Another told her "it's time for botox." A third said her wrinkles could be a problem in this new era of high-definition TV. Veteran TV presenter Miriam O'Reilly was eventually taken off air, and she decided to fight back, challenging...

Legal Hiring Expected to Remain Strong in Second Quarter: Litigation Hottest Growth Area, Robert Half Legal Survey Reveals

MENLO PARK, Calif. - Hiring in the legal field should remain strong in the second quarter of 2011, new research suggests. Twenty-nine percent of lawyers interviewed for the quarterly Robert Half Legal Hiring Index plan to add legal staff in the next three months and none plan reductions in personnel...

Robins, Kaplan, Miller & Ciresi Adds Business Litigation, Real Estate, Financial Institution, Employment, Franchise And Corporate Depth In Los Angeles

LOS ANGELES - Robins, Kaplan, Miller & Ciresi L.L.P. has brought aboard all lawyers to its Los Angeles office from the full service litigation and transactional boutique Reeder Lu LLP, including partners Christopher S. Reeder and Richard Schloss. With the move, the firm now has close to 50 attorneys...

U.S. Supreme Court Hears Teacher's Ministerial Exception Arguments

WASHINGTON, D.C. - (Mealey's) The government has no right to interfere with a religious school's employment decisions when it comes to a teacher who taught religious class, led worship and led prayer, the attorney for Hosanna-Tabor Evangelical Lutheran Church and School argued Oct. 5 before the...

Angelo Paparelli: Immigration's Defining Moment - Do You Know Employment When You See It?

[T]the immigration regulations in their present form do not offer the guidance needed to cover many everyday (and some unusual) situations. With so much riding on the correct interpretation, the government must take a hard look at the current, clearly inadequate regulations, and issue proposed...

Duane Morris LLP H-1B Cap Update

Employers may continue to file H-1B cap petitions for employment in fiscal year 2012; however, quota usage has accelerated since the advanced-degree exemption is no longer available. U.S. Citizenship and Immigration Services (USCIS) released yesterday [Nov. 7] that as of November 2, 2011, 50,800 H-1B...

Chapter 12: Labor and Employment Issues in Bankruptcy

Kenric D. Kattner & Arthur T. Carter Haynes & Boone LLP, Houston, Texas & Dallas, Texas This chapter provides a detailed treatment of the significant labor and employment issues that arise in chapter 11 bankruptcy cases. The chapter is focused on assisting the practitioner in recognizing...

Reaching the 93%: NLRB launches webpage describing protected concerted activity

When asked the type of law I practice, I always respond with "management-side labor and employment law." In reality, while I have many successful engagements under my belt in the world of traditional labor law, I am much more of an employment attorney than a labor attorney. And, if you ask...

Immigration Lawyers Arguing: "Can I Work from Home for a Foreign Employer?"

"As a change of pace from this blog's usual fare of criticizing immigration agencies and Congress, today we'll offer a PG-rated point/counterpoint with guest blogger, Karin Wolman , and me. We debate the oft-posed question whether a foreign citizen while living in the United States and holding...

Of new dogs and new employees: communicating value is key

Last Thursday, my family and I drove to Battle Creek, Michigan, to pick up our new puppy. I cannot give the breeder ( Jon Peck, Midnight Run Vizslas ) higher marks. He spent two hours with us explaining the ins and outs of what we could expect with our new dog. He provided pointers on the peculiarities...

Advance Copy of DHS / ICE Notice: EAD Extension for Certain Haitian F-1 Students

"This notice informs the public of the extension of an earlier notice, which suspended certain requirements for F-1 nonimmigrant students whose country of citizenship is Haiti and who are experiencing severe economic hardship as a direct result of the January 12, 2010 earthquake in Haiti. This notice...

Mandatory Workplace Postings in Ontario

I doubt there is anything more dry than reading a blog post about mandatory workplace government posters, but it's a mandatory requirement that comes with fines and cranky inspectors if you don't comply with the requirements. And I will try to make this a short post to minimize the pain. New...

On the Road Again: DE Supreme Court Comments on “A Veritable Potpourri of Exceptions to the ‘Going & Coming’ Rule”

First, hats off to Mike Sensor for bringing this case to my attention. Second, props to defense attorney Maria Newill, scoring another victory for the employer. Our flavor of the day, as far as case law is concerned, is a recent release from the DE Supreme Court on an issue for which there was enough...

Dust in the Wind…… and a Denial of Benefits in This Delaware Mesothelioma Case

Well Gary Baker has gone and done it...... and it is so like my savvy and skilled friend to go where no man has gone before. Took the "last injurious exposure rule" and flipped it on its head. When he told me about today's case, James Moore v. Expert Management (fka/AstraZeneca) , IAB#...

Workers' Comp Fraud Blotter (4/11/2013) – Bad Week For Disabled Ohio Truck Drivers Who Thought They Could Keep On Trucking

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Make Mine A Chimichanga: DE Supreme Court Issues Long-Awaited Ruling On UR Appeal Deadline

You have heard of Doctors without Borders? Church without Walls? MRI without gadolinium? Well now we have Utilization Review appeal without deadlines. We have all been anxiously waiting on the DE Supreme Court to rule on the issue of the 45 day UR appeal deadline and whether or not that 5 year...

Vermont Workers' Compensation Update: January to March 2013

Note to Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. DEPARTMENT OF LABOR HEARING DECISIONS LeClaire v. Ford of Brattleboro Inc. , Opinion No. 1-13WC [ Opinion No. 1-13WC ] (Jan. 3, 2013). Defendant's attempt to terminate TTD benefits...

Workers' Comp Fraud Blotter (4/18/2013) – Former New York Giants Linebacker Indicted By Federal Grand Jury For $1.5 Million Insurance Fraud Scheme

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Doctor In the House: DE Superior Court Calls For Use Of Video-Depositions In IAB Hearings

Today's post comes to me by way of claimant attorney Dave Boswell. Dave thought it was particularly blog-worthy and I wholeheartedly agree........ talk about the potential to create a whole new world in the arena of medical depositions and IAB expert testimony. The case is Ryan Tibbitts v....

CGL Policy’s “Employment-Related Practices Exclusion” Held to Preclude Coverage for Lawsuit Involving Claims of Sexual Harassment and False Imprisonment

John Davler, Inc. v. Arch Ins. Co. , 229 Cal. App. 4th 1025 (2014), [ enhanced version available to lexis.com subscribers ] In John Davler , the California Court of Appeal held that a CGL Policy’s exclusion for employment-related practices barred coverage for a sexual harassment lawsuit that...

Missouri: No 15% Penalty For Employment Discrimination

Missouri compensation allows a 15% enhancement of statutory comp benefits when the employer fails to comply with state law and the injury is caused by the failure. Although most cases invoke 287.120.4 (Lexis Advance), 287.120.4 (lexis.com) for failure to guard or similar safety issues, a recent case...