News & Analysis as of

Employer Liability Issues Mergers Corporate Counsel

BakerHostetler

Efforts to Expand Mini-WARN Acts’ Requirements Underscore the Importance of Knowing State-Level, Post-Sale Obligations Relating to...

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As addressed in a prior post, one often-forgotten consideration in many mergers and acquisitions is the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), which generally requires covered employers...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Davies Ward Phillips & Vineberg LLP

Employers Beware: Amendments to the Canadian Competition Act’s Criminal Conspiracy Provisions Take Effect

Amendments to the Canadian Competition Act (Act), taking effect on June 23, 2023, will make it a criminal offence for unaffiliated employers to agree, conspire or arrange to: •“fix, maintain, decrease or control salaries,...more

Verrill

More to Consider Concerning the FTC’s Proposed Rule Prohibiting Non-Competition Clauses

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As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit...more

Goodwin

Delaware Court of Chancery Holds Buzzfeed Not Bound by Pre-SPAC Merger Employment Agreements

Goodwin on

On October 28, 2022, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery ruled that the declaratory action brought by Buzzfeed Inc. against 91 current and former employees is not bound by arbitration provisions...more

Mintz - Employment Viewpoints

The NLRB’s Busy July – A Harbinger of Future Coordinated Federal Action Between the NLRB, FTC, and DOJ

July was a busy month for the National Labor Relations Board (“NLRB”).  In the span of a week, the NLRB signed Memoranda of Understanding (“MOU”) with both the Federal Trade Commission and the U.S. Department of Justice’s...more

McAfee & Taft

Buying a business? Don’t buy an employment lawsuit

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When acquiring a business, companies sometimes unwittingly buy an employment lawsuit. Recently, the 10th Circuit – the federal appeals court that applies to Oklahoma employers – explained when a successor business can be held...more

McAfee & Taft

Change in job duties may necessitate change in ADA accommodation

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It was a close call, but a court recently denied an employee’s Americans with Disabilities Act claim that her employer had improperly refused a request to continue working from home as an accommodation. With the growth of...more

Seyfarth Shaw LLP

Close Call: American Airlines Wins ADA Case by One Vote, but the Warning Signals for Employers are Loud and Clear

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Seyfarth Synopsis: In a 2-1 decision in Bilinsky v American Airlines, Inc., 2019 WL 2610944 (7th Cir. June 26, 2019), the Seventh Circuit recently affirmed American Airlines’ summary judgment win against a former employee who...more

Polsinelli

Buyer Beware: Successor Employer Required by Court to Continue Retiree Health Benefits Under Language in Contract

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Mergers and acquisitions can be complicated transactions, particularly when the entity to be acquired has employees covered by a collective bargaining agreement with a union. ...more

PilieroMazza PLLC

Could Your Employees Be Eligible for FMLA Leave on Their First Day of Work? The Answer Could Be Yes

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It would be easy for employers to assume that they need not worry about an employee’s eligibility for Family and Medical Leave Act (“FMLA”) leave until at least one year has passed since the employee began working for the...more

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