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Assessing Integrity in Your Organization

After a short detour to the Business Roundtable’s Statement on the Purpose of a Corporation, we return to the recent set of articles in the Harvard Business Review (HBR) White Collar crime special section. Today, I want to look at an article by...By: Thomas Fox
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Thomas Fox | Aug 24,2019 |

How to Manage an ICE Site Visit

On August 7, 2019, more than 600 agents from U.S. Immigration and Customs Enforcement (ICE) raided several companies across Mississippi. With the help of the local district attorney’s office, these raids resulted in the arrests of approximately 680...By: Littler
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Littler | Aug 24,2019 |

Tennessee District Court Refuses Conditional Certification of Class of Assistant Managers

In collective actions under the FLSA, courts typically apply a lower standard to the first “conditional certification” stage....By: BakerHostetler
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BakerHostetler | Aug 24,2019 |

Finger Pointing On Agreement Approvals But…

Lots has been said recently in the press about enterprise agreement making and the approval process by the Fair Work Commission (FWC). In short, the numbers of agreements being made is down and approval times are “long”. The graph below, recently...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Aug 24,2019 |

Federal Motor Carrier Safety Agency Proposes Changes To Hours Of Service Rules For Truck Drivers

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking (NPRM) on changes to the hours of service (HOS) rules. Background - First adopted in 1937, FMCSA’s HOS rules...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 24,2019 |

DOL’s WHD Regulatory Reforms in the Home Stretch

If you are a sports fan, then you might consider the regulatory agenda of the U.S. Department of Labor (DOL) in general, and the Wage and Hour Division (WHD) in particular, as winding down to the end of the third quarter of a football game or moving...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Christus St. Vincent Sued by EEOC for Disability Discrimination

Hospital Supervisors Refused Accommodation for Deaf Employee, Federal Agency Charges - SANTA FE, N.M. - Christus Health, doing business as Christus St. Vincent Regional Medical Center in Santa Fe, N.M., violated federal law by subjecting a deaf...By: U.S. Equal Employment Opportunity Commission
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Chancery Denies Motion to Dismiss Claim for Breach of Earn-Out When Unable to “Divine any Meaning” From Provision

Western Standard, LLC v. SourceHOV Holdings, Inc., C.A. No. 2018-0280-JRS (Del. Ch. July 24, 2019). Defendant Pangea acquired BancTec through a merger agreement that provided for an earn-out to former BancTec stockholders in the event that Pangea’s...By: Morris James LLP
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Morris James LLP | Aug 24,2019 |

Prominently Displayed, Fundamental Discrepancy In Benefits Triggered Contractual Limitations Period

The Fifth Circuit concluded that a plan’s three-year contractual limitations period began to accrue when a beneficiary received a letter in 2008 that prominently displayed on the first page the monthly earnings used to calculate his long term...By: Proskauer - Employee Benefits & Executive
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Employer Sues Its Law Firm for Malpractice and EPLI Insurer for Bad Faith

These days, more employers than ever are purchasing Employment Practices Liability Insurance (“EPLI”) to cover them in the event they get sued for employment-related claims. (See our earlier posting on that topic: “A Handy Guide for Choosing and...By: Proskauer - California Employment Law
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