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Archive by tag: Carlton FieldsReturn

Four Noteworthy Highlights on the Taxation of Fringe Benefits

This article should interest employers that offer fringe benefits to employees in addition to regular pay. An updated IRS publication outlining how employers should tax certain fringe benefits (IRS Publication 15-B) was released on December 26, 2019....By: Carlton Fields
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Carlton Fields | Jan 27,2020 |

The Latest “Hipster Antitrust” Battleground – Vertical Merger Enforcement

On January 10, 2020, the Department of Justice and the Federal Trade Commission released for comment a draft of their Vertical Merger Guidelines, the first update since 1984....By: Carlton Fields
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Carlton Fields | Jan 21,2020 |

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration to recover the sign-on...By: Carlton Fields
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Carlton Fields | Jan 20,2020 |

Recent EEOC Enforcement Activity Underscores Importance of Proactive Workplace Harassment Prevention

Since the start of fiscal year 2020 (October 1, 2019-September 30, 2020), the Equal Employment Opportunity Commission has recovered more than $25 million in monetary relief and secured substantial equitable remedies from employers accused of engaging...By: Carlton Fields
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Carlton Fields | Jan 16,2020 |

Recent Cases Indicate Viability of False Claims Act Liability Connected to Federal Cybersecurity Standards

Government contractors are no strangers to the numerous quality standards and assurances required by the government. Over the past several years, cybersecurity in federal contracting has emerged as yet another standard to achieve. While data breaches...By: Carlton Fields
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Carlton Fields | Jan 14,2020 |

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions. In one, the court held...By: Carlton Fields
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Carlton Fields | Jan 13,2020 |

Who Me? Couldn’t Be: Eleventh Circuit Finds Plaintiffs Lack Standing to Sue Ala. Attorney General in Equal Protection Lawsuit

Plaintiffs often select a state’s Attorney General, the official who ordinarily exercises power to enforce state laws, as the defendant to sue in cases involving a constitutional challenge to a state law....By: Carlton Fields
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Carlton Fields | Jan 09,2020 |

Recession Preparation 101: Plan for Potential Layoffs Ahead of Time

The economy is strong. Unemployment continues to hover around 4%, the lowest it has been in decades. Yet there are growing concerns that a recession is coming. Originally published in HR Daily Advisor....By: Carlton Fields
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Carlton Fields | Jan 08,2020 |

California Court Finds Arbitration Agreement Invalid and Unenforceable as a Result of Economic Duress and Undue Influence

The plaintiff, an agricultural laborer, brought suit against his employer who, in turn, moved to compel arbitration based on the arbitration agreement in the parties’ employment contract. The plaintiff opposed, successfully arguing that the...By: Carlton Fields
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Carlton Fields | Nov 20,2019 |

Court Enforces Arbitration Agreement Incorporated Into “Notice to Employees”

The U.S. District Court for the Northern District of Texas compelled arbitration in a putative Fair Labor Standards Act class action based on language in a “notice to employees” that put the plaintiffs on notice that they were agreeing to arbitrate...By: Carlton Fields
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Carlton Fields | Nov 20,2019 |
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