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Archive by tag: Baker DonelsonReturn

Overtime Litigation: RedZone Coil Tubing Decision Highlights Importance of Encino Motorcars for the Oil and Gas Sector

Last summer, the U.S. Supreme Court issued a historic ruling that benefits employers faced with the burden of proving that an employee or group of employees is exempt from the Fair Labor Standards Act's minimum wage and overtime rules....By: Baker Donelson
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Baker Donelson | Aug 14,2019 |

Million Dollar Messaging Mistakes & FMLA Retaliation

A recent decision from the Massachusetts Supreme Judicial Court, the highest court of Massachusetts, emphasizes the dangers to employers of taking employment actions based on outrage rather than reason....By: Baker Donelson
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Baker Donelson | Aug 01,2019 |

United States Supreme Court May Reconsider Standard For Religious Accommodations

For more than 20 years, employers who are asked by an employee for a religious accommodation, in order to deny the request, literally need only demonstrate a de minimis burden on their operations. This standard was adopted by the United States...By: Baker Donelson
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Baker Donelson | Aug 01,2019 |

Supreme Court Sets Stage for Game-Changing 2019 Term for Employers

Between gerrymandering and the 'citizenship' question, the Supreme Court concluded its 2018 term with a bang. The Court is primed for further fireworks in its 2019 term. For employers, this includes whether Title VII prohibits discrimination based on...By: Baker Donelson
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Baker Donelson | Aug 01,2019 |

National Labor Relations Board's Recent Rulemaking Agenda

The National Labor Relations Board (NLRB or Board) recently released its anticipated rulemaking priorities in the Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda)....By: Baker Donelson
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Baker Donelson | Aug 01,2019 |

Florida Employee Privacy Alert: No Expectation of Privacy for Contents of Employee's Flash Drive Attached to Work Computer

Can an employee bring a claim against an employer if the employer bases an employment-related decision on information obtained from a personal data storage device?...By: Baker Donelson
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Baker Donelson | Jul 11,2019 |

“Yet Now, Federated Along One Keel” – United States Supreme Court Resolves Fifth/Ninth Circuit Split, Unequivocally Rejects Punitive Damages For General Maritime Law Unseaworthiness Claims

Yet now, federated along one keel… MOBY DICK, HERMAN MELVILLE, Chap. XXVII - In the wake of Justice Thomas’s landmark decision in Atlantic Sounding Co. v. Townsend, American maritime jurisprudence was left with its “keeled hulls split at sea” due to...By: Baker Donelson
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Baker Donelson | Jul 09,2019 |

Application of Attorney-Client Privilege in Post-Merger Dispute Between Buyer and Seller Representative

When there is a post-merger dispute between the representative of the selling stockholders and the buyer, the buyer might have access to privileged pre-merger attorney-client communications between the acquired company and its attorney, including...By: Baker Donelson
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Baker Donelson | Jul 02,2019 |

ALERT: Supreme Court Rejects Seamen’s Claims for Punitive Damages Under General Maritime Law, Resolving Fifth and Ninth Circuit Split

The Supreme Court of the United States, on writ of certiorari in Dutra Group v. Christopher Batterton, 588 U.S. ___ (2019), has resolved a circuit split between the Fifth and Ninth Circuits regarding whether a seaman can recover punitive damages for...By: Baker Donelson
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Baker Donelson | Jun 25,2019 |

Return To The Tidelands – Supreme Court Upholds Application Of Federal Law On The Outer Continental Shelf In The Face Of Parallel State Law

In a rare decision applying the Outer Continental Shelf Lands Act (43 U.S.C. §1331 et seq.(“OCSLA”), the United States Supreme Court has clarified, re-affirmed and perhaps (given the breadth of its opinion) expanded the exclusive application of...By: Baker Donelson
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Baker Donelson | Jun 19,2019 |
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