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Commercial Division Declines to Certify Class and Approve Settlement in Xerox-Fuji Case

There has been a new development in the Xerox and Fujifilm (“Fuji”) litigation: Justice Ostrager of the New York Commercial Division declined to (i) certify the putative class, (ii) approve the proposed class settlement, and (iii) award the class...By: Patterson Belknap Webb & Tyler LLP
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The Sword Of Damocles Hangs Over Miller Act Sureties And Brokers: Scollick Case Stayed Sixty Days For Mediation, But Outcome Remains Uncertain

On August 6, 2014, plaintiff-relator Andrew Scollick filed a complaint in the United States District Court for the District of Columbia against eighteen defendants for multiple violations of the False Claims Act (“FCA”) in connection with an alleged...By: McCarter & English - Government Contracts &
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Kisor v. Wilkie and judicial deference to agency determinations—Are there implications for employee benefits litigation and the DOL fiduciary rule?

In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other pronouncements. In...By: Eversheds Sutherland (US) LLP
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It’s Not Just California Anymore: State and Local Laws Challenge the Multijurisdictional Employer

Did you know that employers can be sued in Michigan for height discrimination? Or that in Maine, starting in 2021, employees can take paid time off for any reason at all? States and cities have followed California’s lead in requiring tighter...By: Foley & Lardner LLP
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Foley & Lardner LLP | Sep 25,2019 |

Belle Tire Distributors to Pay $55,000 to Settle EEOC Racial Harassment and Retaliation Lawsuit

Employee Was Unlawfully Harassed by Manager, Then Fired After He Complained, Federal Agency Charged - DETROIT - Belle Tire Distributors, Inc., a tire, wheels and auto service company, has agreed to pay $55,000 and furnish other relief to settle a...By: U.S. Equal Employment Opportunity Commission
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AB 5 – The Legislature’s Solution to Solving Your Questions on Proper Use of Independent Contractors

The long-awaited legislation that is intended to provide clarification on the use of independent contractors for businesses in California has now been signed into law. Assembly Bill (“AB”) 5 codifies, clarifies, and grants exemptions to the 2018...By: Buchalter
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Buchalter | Sep 25,2019 |

Entertainment Benefits Group Settles Two EEOC Lawsuits for $925,000

Travel and Entertainment Provider Failed to Address EEO Complaints, Federal Agency Charges - LAS VEGAS - The Miami-based travel and entertainment company Entertainment Benefits Group (EBG) has settled sexual harassment and disability lawsuits for...By: U.S. Equal Employment Opportunity Commission
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Providers and Suppliers: Do You Have Skeletons in Your Enrollment Closet?

On September 10, 2019, the Centers for Medicare & Medicaid Services (CMS) published a final rule significantly expanding its authority to deny or revoke participation in Medicare, Medicaid or the Children’s Health Insurance Program (CHIP) based on...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Sep 25,2019 |

Employer Alert: AB 1804 Requires Immediate Reporting of Serious Occupational Injury, Illness or Death By Phone or Online

On August 30, 2019, Governor Newsom signed into law AB 1804, which requires employers to immediately report any serious occupational illness, injury or death to the California Division of Occupational Safety and Health, by telephone or by an online...By: Ervin Cohen & Jessup LLP
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Ervin Cohen & Jessup LLP | Sep 25,2019 |

Breaking: USDOL Releases Overtime Rule 2.0 For 2020

The suspense is over – the Department of Labor just this morning announced the revised Overtime Rule, which will set the minimum salary threshold for the Fair Labor Standard Act’s white-collar exemptions at $684 per week, or $35,568 per year. The...By: Fisher Phillips
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Fisher Phillips | Sep 25,2019 |
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