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McDonald’s proposed settlement would give ‘what is intended as’ 100% of back pay to affected workers, end joint employer debate

March 20th, 2018

By Pamela Wolf, J.D.
Under proposed settlement agreements submitted to an NLRB Administrative Law Judge on March 20 for approval, McDonald’s USA, LLC, and its franchisees would give what is “intended to provide” 100 percent of back pay for workers who allegedly were treated unfairly. The proposed deals represent a full remedy for all unfair labor practice cases [Read more...]

Federal punitive damages standard should not have been applied to NYCHRL pregnancy bias claim

March 20th, 2018

By Kathleen Kapusta, J.D., Lorene D. Park, J.D., and Marjorie Johnson, J.D.
Vacating a federal district court’s denial of a plaintiff’s request for a jury instruction on punitive damages for pregnancy discrimination under the New York City Human Rights Law (NYCHRL), the Second Circuit explained that because the state’s highest court, on certified question, expressly rejected [Read more...]

DOL Fiduciary Rule vacated in its entirety

March 20th, 2018

By Nadine E. Roddy, J.D.
A Final Rule promulgated by the Department of Labor in April 2016 expanding the definition of “investment advice fiduciary” conflicts with the text of ERISA and the Internal Revenue Code and is unreasonable under Chevron and the APA, the Fifth Circuit has held. Known as the “Fiduciary Rule,” the rule not [Read more...]

Companies once again face FCA suit requiring new look at employee as ‘original source’

March 20th, 2018

By Victoria Moran, J.D., M.H.A.
The Ninth Circuit vacated the dismissal of a sales representative’s False Claims Act (FCA) action involving claims related to the cardiovascular drug Integrilin®, remanding to the district court to determine whether the employee qualifies as an “original source” under new case law decided after the original district court decision. In addition, [Read more...]

Bargaining order inappropriate given changed circumstances, but how employer tried to dissuade unionization unlawful

March 19th, 2018

By Nadine E. Roddy, J.D.
Granting review of an NLRB order, the Second Circuit concluded that substantial evidence supported the Board’s findings the way an employer went about attempting to dissuade employees from voting to unionize, including its reinstatement of Sunday and holiday pay, as well as its demotion of a pro-union employee, violated the NLRA. [Read more...]