Seyfarth Synopsis: In complex class actions, courts have looked to Rule 23 to authorize class actions either for trial, or for approval of a previously negotiated settlement. Now as thousands of public entities nationwide pursue financial relief from...By: Seyfarth Shaw LLP
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Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also advocated for an award of...By: Seyfarth Shaw LLP
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Seyfarth Synopsis: The IRS recently issued somewhat helpful guidance to plan administrators on what to do about the constant problem of uncashed benefit checks from qualified retirement plans. The initial excitement upon hearing the news, however,...By: Seyfarth Shaw LLP
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Seyfarth Synopsis: Last month, Bernalillo County, NM became the first local jurisdiction to enact a mandatory paid time off ordinance. The Ordinance, which goes into effect on July 1, 2020, requires covered employers located within the County’s...By: Seyfarth Shaw LLP
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Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims, including wage claims. Under the agreement, Kho had to...By: Seyfarth Shaw LLP
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Seyfarth Synopsis: California employers racing to ensure all their employees receive mandatory harassment training by the end of the year can now take their foot off the gas. In response to an outcry from employer groups regarding the challenge of...By: Seyfarth Shaw LLP
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The Illinois Contractor Prompt Payment Act, 815 ILCS 603/1, et seq. (the “Act”) was first enacted in 2007 and designed to safeguard contractors and subcontractors on private projects by providing a mechanism to expedite payments for work performed....By: Seyfarth Shaw LLP
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On August 9, 2019, the Department of Labor (“DOL”) issued USERRA Fact Sheet 1, providing guidance to employers about their pension obligations to reemployed service members under the Uniformed Services Employment and Reemployment Rights Act of 1994...By: Seyfarth Shaw LLP
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Seyfarth Synopsis: The Court of Appeals for the Seventh Circuit recently held that once a multi-employer pension fund accelerates withdrawal liability periodic payments into a lump sum liability, there is no statutory mechanism to revoke that...By: Seyfarth Shaw LLP
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Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion....By: Seyfarth Shaw LLP
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