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Presentation: Detecting Elder Abuse and The Duty to Report Financial Exploitation

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Detecting Elder Abuse and The Duty to Report Financial Exploitation” to the Southwest Association of Bank Counsel on Thursday, September 26, 2019, in Santa Fe, New...By: Winstead PC
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Winstead PC | Oct 02,2019 |

NLRB Breaks With 70 Years of Precedent and Develops a New Test for Unilateral Changes

In MV Transportation, Inc., a 3 to 1 majority of the National Labor Relations Board recently abandoned the “clear and unmistakable waiver” standard that the Board had historically used to determine whether unilateral changes in terms and conditions...By: Cozen O'Connor
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Cozen O'Connor | Oct 02,2019 |

FAA Plans to Increase Rest Periods for U.S. Airline Flight Attendants

The FAA has begun the process of amending its regulations to require that flight attendants at U.S. airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less. Under the FAA’s current regulations...By: Cozen O'Connor
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Cozen O'Connor | Oct 02,2019 |

Third Circuit Addresses Partial Withdrawal Liability Situation

Caesar’s Entertainment Corporation operated four casinos in Atlantic City, New Jersey. Each casino was covered by a collective bargaining agreement for engineering work that required contributions to IUOE Local 68 Pension Fund. In 2014, Caesar’s...By: Hodgson Russ LLP
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Hodgson Russ LLP | Oct 02,2019 |

Plaintiff Strikes Out in Tort Suit Against River Cats Baseball

Seyfarth Synopsis: In a refreshing display of judicial restraint, the California Court of Appeal has declined to extend California’s “wrongful termination” law to a failure to hire, because in the absence of a preexisting employment relationship an...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 02,2019 |

Inspection Of Employers Using STEM OPT F-1 Student Beginning, DHS Announces

Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers employing F-1 students using STEM...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Oct 02,2019 |

What Am I Doing Wrong?? Common FMLA Mistakes

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 26th blog in in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Oct 02,2019 |

The Sixth Circuit Reaffirms the “Less Burdensome” Standard for Adverse Actions in Retaliation Claims and Upholds Punitive Damages Against Employer

In a decision designated for publication, the United States Court of Appeals for the Sixth Circuit issued an order reaffirming the “less burdensome” standard for “material adverse actions” in retaliation claims and upheld punitive damages against the...By: Dickinson Wright
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Dickinson Wright | Oct 02,2019 |

August and September 2019 Independent Contractor Misclassification and Compliance News Update

There were several notable court and administrative cases over the past two months, but they were overshadowed by a legislative matter: the enactment of Assembly Bill 5 in California, which was the subject of our September 11, 2019 blog post entitled...By: Locke Lord LLP
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Locke Lord LLP | Oct 02,2019 |

FLSA Applies To Cannabis Industry Workers

The U.S. Court of Appeals for the Tenth Circuit recently ruled that the Fair Labor Standards Act (“FLSA”) applied to workers in the cannabis industry. This decision that state-licensed marijuana businesses are required to follow federal labor laws...By: Roetzel & Andress
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Roetzel & Andress | Oct 02,2019 |
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