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Archive by tag: Bradley Arant Boult Cummings LLPReturn

Sunday May Still Be Sacred: Texas Jury Sides with Employee Who Chose Church Service Over Work

If an employee misses work to attend church on Sunday morning and the company subsequently fires her, is that religious discrimination? A jury in Texas recently said yes and awarded the plaintiff close to $350,000. The verdict is a reminder to...By: Bradley Arant Boult Cummings LLP
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What Does the Future Hold and Does It Really Matter? 7th Circuit Holds ADA Doesn’t Necessarily Cover Future Impairments

Is everything covered by the Americans with Disabilities Act (ADA)? Although we all know the ADA broadly defines the conditions that are protected disabilities, the Seventh Circuit Court of Appeals’ decision in Shell v. Burlington Northern Santa Fe...By: Bradley Arant Boult Cummings LLP
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Trump Revokes Nondisplacement of Qualified Workers Executive Order

President Trump signed an Executive Order on October 31, 2019, revoking “Executive Order 13495 of January 30, 2009 (Nondisplacement of Qualified Workers Under Service Contracts), which requires that successor Federal contractors in certain...By: Bradley Arant Boult Cummings LLP
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Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not properly investigate the...By: Bradley Arant Boult Cummings LLP
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Proposed Regulations on Electronic Disclosures by ERISA Plans: What Plan Administrators and Sponsors Need to Know

In proposed regulations released last week, the Department of Labor (DOL) finally put forward a revision of its long-outdated regulations on the electronic delivery of certain participant disclosures required under ERISA (including such important...By: Bradley Arant Boult Cummings LLP
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Government's Over-Inspection Sufficient to Support Breach of Duty of Good Faith and Fair Dealing - Construction and Procurement Law News, Q3 2019

The Armed Services Board of Contract Appeals’ recent decision in Appeal of Watts Constructors, LLC gave life to a contractor’s claim that the government violated its implied duty of good faith and fair dealing. Under a contract awarded by the U.S....By: Bradley Arant Boult Cummings LLP
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Limiting Project Engineer's Supervisory Duties - Construction and Procurement Law News, Q3 2019

Project engineers should be wary of contractual language, as well as conduct, that may impose supervisory responsibilities to warn and protect employees of other contractors from dangerous conditions located on a project. A recent Mississippi Supreme...By: Bradley Arant Boult Cummings LLP
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Not All Debts Are Created Equal - Construction and Procurement Law News, Q3 2019

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was recently confirmed by an...By: Bradley Arant Boult Cummings LLP
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OSHA: Solar Panel Installation is Not Roofing Work - Construction and Procurement Law News, Q3 2019

In June, the United States Court of Appeals for the Ninth Circuit decided that rooftop solar panel installation is not “roofing work” under Occupational Safety and Health Administration (“OSHA”) regulations. This decision has immediate implications...By: Bradley Arant Boult Cummings LLP
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Termination for Default – the Government's Burden - Construction and Procurement Law News, Q3 2019

In Alutiiq Manufacturing Contractors, LLC v. United States, the U.S. Court of Federal Claims ruled that the Government had improperly terminated a construction contract for default and ordered that the default termination be converted into a...By: Bradley Arant Boult Cummings LLP
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