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Wolters Kluwer

Kusserow on Compliance: OIG adds six new projects in December to its Work Plan

News Source: Wolters Kluwer
Post Date: Monday - January 15, 2018 - 9:30am
In 2017, the HHS OIG moved to regularly update updating its Work Plan. In December, the OIG added six new projects that set forth various audits and evaluations that are underway or planned in the current fiscal year and beyond. In conducting its work, the OIG assesses relative risks in HHS programs and operations to ...
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Fox exec fired for alleged sexual assault can’t advance claims blasting joint statement in NYT article

News Source: Wolters Kluwer
Post Date: Friday - January 12, 2018 - 9:44am
By Marjorie Johnson, J.D. A federal district court in New York threw out a lawsuit brought by a former Fox executive who, after being fired in the wake of allegations that he sexual assaulted a female Fox News contributor, claimed that the network was part of a far-reaching conspiracy to disparage and defame him by issuing ...
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$3M proposed deal would end Uber class action on behalf of New York drivers

News Source: Wolters Kluwer
Post Date: Friday - January 12, 2018 - 9:42am
By Pamela Wolf, J.D. Under a proposed agreement submitted by the two named plaintiffs, rideshare giant Uber would pay $3 million to settle class breach of contract and other claims of drivers in the State of New York, largely focused on the company’s failure to remit tips to drivers and practice of urging passengers not to ...
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Seyfarth Shaw class action report: Wage-hour settlements top exposure for companies in 2018

News Source: Wolters Kluwer
Post Date: Thursday - January 11, 2018 - 9:10pm
Seyfarth Shaw LLP has released its 14th annual edition of the Workplace Class Action Litigation Report, a complete guide to workplace-related complex litigation, which reveals wage and hour litigation to be the area of greatest exposure for corporations as we move into 2018. In this year’s report, Seyfarth analyzed a record number of 1,408 class ...
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Christian account exec can’t show reasons for firing him were pretext for religious, gender bias

News Source: Wolters Kluwer
Post Date: Thursday - January 11, 2018 - 10:29am
By Kathleen Kapusta, J.D. Title VII does not impose a legal obligation to provide an employee with an articulated basis for dismissal at the time of firing, and an employer is not bound as a matter of law to whatever reasons might have been provided, the Eighth Circuit observed, rejecting an employee’s assertion that the court ...
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Longtime Dow employee replaced after leave gets trial on FMLA retaliation claim

News Source: Wolters Kluwer
Post Date: Thursday - January 11, 2018 - 10:20am
By Lorene D. Park, J.D. A marketing employee with decades of documented good performance and promotions at Dow, who was removed from her position for purported performance problems and replaced by a male employee (at a higher salary despite his lesser qualifications) after she took medical leave for an eye injury suffered while on business travel, ...
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Close proximity between employee’s military leave notice and firing shows retaliation

News Source: Wolters Kluwer
Post Date: Wednesday - January 10, 2018 - 9:46am
By Ronald Miller, J.D. In view of the fact that an employee notified his supervisor of his need for leave for military training, and he was terminated before he could return from his annual leave, a federal district court in Florida concluded that a reasonable jury could find that the employer engaged in retaliatory conduct by ...
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‘Salacious’ hostile environment harassment allegations against CEO, other execs won’t be stricken

News Source: Wolters Kluwer
Post Date: Wednesday - January 10, 2018 - 9:34am
By Lorene D. Park, J.D. Allegations that a managing partner required, as part of an employee’s duties, that she arrange marketing events such that he could “pimp out” his wife and her “scantily clad” friends to wealthy clients were directly related to the employee’s Title VII and state-law hostile work environment claims, concluded a federal district ...
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Justices opt to stay out of joint-employer battle for now

News Source: Wolters Kluwer
Post Date: Wednesday - January 10, 2018 - 9:32am
By Pamela Wolf, J.D. The Supreme Court has denied the petition for certiorari filed in DirectTV, LLC v. Hall (16-1449), which sought review of a Fourth Circuit joint-employer ruling that the petitioners contend departed from every other circuit to have considered the issue. The Justices issued the order denying certiorari on January 8, 2018, without explanation. ...
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Eliminating individual mandate lowers cost of CHIP funding

News Source: Wolters Kluwer
Post Date: Wednesday - January 10, 2018 - 7:56am
The Congressional Budget Office (CBO) lowered its estimate of the deficit impact of legislation that would fund the Children’s Health Insurance Program (CHIP) for five years, finding that CHIP had become less expensive relative to the rising costs of providing alternative coverage through the federally-subsidized health insurance marketplaces (CBO Report, January 5, 2018). Prior estimate ...
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EEOC EPA suit revived: Were reasons for wage disparity in fact not based on gender?

News Source: Wolters Kluwer
Post Date: Tuesday - January 9, 2018 - 8:51am
By Kathleen Kapusta, J.D. Agreeing with the Third and Tenth Circuits that the Equal Pay Act requires that an employer submit evidence from which a reasonable factfinder could conclude not simply that the its proffered reasons could explain the wage disparity, but that the proffered reasons do in fact explain the wage disparity, a divided Fourth ...
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Drivers’ association lacked standing to challenge FMCSA ‘sleep apnea testing’ rule

News Source: Wolters Kluwer
Post Date: Tuesday - January 9, 2018 - 8:49am
By Kathleen Kapusta, J.D. Dismissing a petition by Owner-Operator Independent Drivers Association (OOIDA) and one of its members seeking to vacate an administrative rule, which they alleged subjected OOIDA members to more sleep apnea testing leading to delays or denials of medical certification to drive commercial motor vehicles, the Eighth Circuit found they did not have ...
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DOL to use primary beneficiary test to decide when interns working at for-profit employers are subject to FLSA

News Source: Wolters Kluwer
Post Date: Tuesday - January 9, 2018 - 8:37am
In an announcement on January 5, citing the Ninth Circuit’s December 19, 2017, opinion in Benjamin v. B & H Education, Inc., expressly rejecting the DOL’s six-part test for determining whether interns and students are employees under the FLSA, the Labor Department clarified that going forward it would use the “primary beneficiary” test. The Ninth ...
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ConAgra exec not entitled to severance benefits following ’self-termination’

News Source: Wolters Kluwer
Post Date: Tuesday - January 9, 2018 - 8:31am
By Ronald Miller, J.D. An executive whose employment with ConAgra began after it acquired his former employer failed to show that ConAgra abused its discretion in denying his claim for severance benefits, ruled the Eighth Circuit. Under an employee benefits program, the employee was entitled to recover severance benefits after self-terminating his employment within 24 months ...
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Fired for anti-LGBT Facebook post, employee can’t show Title VII or free speech retaliation

News Source: Wolters Kluwer
Post Date: Monday - January 8, 2018 - 9:56am
By Joy P. Waltemath, J.D. Allegations that an employee was fired because she posted on her Facebook page a photograph of a man wearing a dress at a Target store and commented on his potential use of the women’s restroom and/or dressing room—and that the company president, a “member of the LGBT community,” suggested she be ...
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