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Archive by tag: Seyfarth Shaw LLPReturn

Ohio Federal Judge Crafts An Unprecedented Class Action Mechanism To Bring Relief To Counties And Cities Struggling To Address Opioid Crisis

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 Shaw LLP | Sep 16,2019 |

Fifth Circuit Hands Employers a Big Win, Rules Day Rates Can Satisfy the Salary Basis Under the Highly Compensated Employee Exemption

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 Shaw LLP | Sep 13,2019 |

The Check is in the Mail—Or Not

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 Shaw LLP | Sep 13,2019 |

If Pain (or Anything Else), Yes Gain—Part 73: Bernalillo County, NM Enacts First Local Paid Time Off Ordinance

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 Shaw LLP | Sep 11,2019 |

California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review

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 Shaw LLP | Sep 11,2019 |

Governor Newsom Pumps Brakes On New Sexual Harassment Training Requirements

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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Seyfarth Shaw LLP | Sep 06,2019 |

Illinois Expands Protections Under the Contractor Prompt Payment Act by Imposing New Restrictions on Retainage

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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Seyfarth Shaw LLP | Sep 03,2019 |

DOL Clarifies Employers’ Retirement Plan Obligations Under USERRA

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 Shaw LLP | Aug 29,2019 |

ERISA Means What It Says And Nothing More

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 Shaw LLP | Aug 29,2019 |

California Supreme Court Rejects Conversion Claim for Unpaid Wages

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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Seyfarth Shaw LLP | Aug 27,2019 |
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