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Archive by tag: P.C.Return

Better Healthcare Newsletter from Patrick Malone - August 2019

At what price beauty? How about $16.5 billion — that’s what Americans forked over in 2018 for 17.7 million procedures to alter their appearance. They paid for bigger breasts, more ample bottoms, tauter tummies, sculpted noses and more. They suctioned...By: Patrick Malone & Associates P.C. | DC Injury
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Personal Anecdotes And Perceived Disparity In The Workplace Insufficient To Certify A Class Action

A federal judge in Kentucky recently ruled that anecdotal accounts alone cannot support a class claim of discrimination without “substantial statistical evidence of company-wide discrimination.” Freeman v. Delta Air Lines, No. 2:15-cv-160 (WOB-CJS)...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 07,2019 |

Employer’s Additional Notice Requirement For Requesting FMLA Leave Dooms Attempt To Dismiss Employee’s Interference Claims

Employees who take FMLA leave may be required to comply with the employer’s usual and customary notice and procedural requirements for requesting leave. If the employee does not follow these requirements, the employer may delay or deny FMLA-protected...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 07,2019 |

Has the Fourth Circuit Set the Stage for LGBTQ Protections Under Title VII?

The Fourth Circuit’s recent decision in Evangeline Parker v. Reema Consulting Services, Incorporated, 915 F.3d 297 (4th Cir. 2019) grabbed headlines for its controversial ruling that workplace gossip can support a sex harassment claim under Title...By: Miles & Stockbridge P.C.
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Miles & Stockbridge P.C. | Aug 06,2019 |

Ninth Circuit Asks California Supreme Court: Is Absence Of A Formal Meal And Rest Break Policy A Violation Of California Law?

In Brinker Rest. Corp. v. Superior Court (Cal. 2012) 273 P.3d 513, the California Supreme Court explained that an employer must relieve the employee of all duty for the designated meal period, but need not ensure that the employee does not work. In...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 06,2019 |

Colorado Employer’s Vacation Policy That Included Forfeiture Provision Upheld

An employer’s vacation policy did not violate the Colorado Wage Claim Act (CWCA), despite stating that employees forfeit earned vacation pay if they are discharged or quit without giving two weeks’ notice, the Colorado Court of Appeals has held....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 06,2019 |

OFCCP Releases New Technical Assistance Guides

Under the leadership of Craig Leen, OFCCP has made a renewed commitment to providing technical assistance to contractors. True to their word, and in furtherance of its Town Hall Action Plan, OFCCP announced on Friday the release of a number of new...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 06,2019 |

Ninth Circuit Dismisses California Wage Claims By Oil Rig Workers, Following High Court Ruling

The Ninth Circuit recently dismissed California minimum wage and overtime claims in a class action brought by drilling platform worker, Brian Newton, against his former employer, Parker Drilling, following the United States Supreme Court’s decision...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 06,2019 |

OSHA Takes Steps To Revise Silica Standard For Construction

On July 29th OSHA submitted a draft Request for Information (RFI) to the Office of Management and Budget (OMB) regarding Table 1 in OSHA’s construction standard for silica. If approved by OMB, OSHA intends to issue the RFI in the Federal Register to...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 05,2019 |

EEOC Subpoena Of Pattern-Or-Practice Information Based On Individual Charges Upheld

Contrary to the U.S. Supreme Court’s restriction of class actions in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), courts have granted the Equal Employment Opportunity Commission (“EEOC”) broad power to issue nationwide pattern-or-practice...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 05,2019 |
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