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What Are The Top Hatch-Waxman And BPCIA Developments For October 2018?
This month we highlight a new law requiring notification to the Federal Trade Commission and Department of Justice of biosimilar litigation settlements and perhaps the end of a long-running Mylan venue dispute in Delaware.
United States
9 Nov 2018
2
Ventress III Provides Another Tool For Airlines: Ninth Circuit Says Federal Aviation Act Preempts Pilot’s State Law Employment Claims
State law claims for retaliation and constructive termination are preempted under the Act when they require "the fact finder to intrude upon aviation safety".
United States
7 Apr 2014
3
Employment Law Update (UK): Summer 2013
A number of important employment law reforms are planned for this summer, the most important being the Government’s desire to reduce the volume of tribunal litigation in favour of alternative methods of dispute resolution.
United States
10 Jul 2013
4
Employer Personnel Policies May Constitute An Unfair Labor Practice
Last month, a federal Court of Appeals held that an employer committed an unfair labor practice under the National Labor Relations Act (NLRA) when it published a general confidentiality rule in its employee handbook.
United States
10 Apr 2007
5
Nothing Is Forever: The Ability of Employers to Terminate Employees with Industrial Injuries After Lauher
In 2003, the California Supreme Court in Department of Rehabilitation v. Workers’ Compensation Appeals Board (Lauher) raised the standard an employee must meet to make a prima facie case under Labor Code section 132a, which forbids discrimination against employees for filing or making known an intention to file a workers’ compensation claim.
United States
4 Jun 2006
6
Age At A Glance
The Employment Equality (Age) Regulations 2006 (the “Regulations”), which come into force on 1 October 2006, make it unlawful for organisations in Great Britain to discriminate against people of all ages in respect of employment and vocational training.
United States
 
31 May 2006
7
Employment Law Commentary: MacIsaac v. Waste Management Collection & Recycling: The First Decision Applying The California WARN Act
In our March 2001, November 2002, and September 2005 Employment Law Commentary, we reported in depth about employment laws relating to workplace reductions, including the Worker Adjustment and Retraining Notification Act. Last month, the California Court of Appeal provided much-needed guidance and good news to employers by publishing the first judicial interpretation of the California Worker Adjustment and Retraining Notification Act ("Cal-WARN," Cal. Lab. Code §1400 et seq.).
United States
25 Jan 2006
8
Outsourcing and Employee Transfers: What UK Customers and Services Providers Need to Know
As many readers will know, "TUPE" is the set of regulations in the UK dealing with the automatic transfer of the employment contracts of employees engaged in an undertaking which is transferred. The UK government issued new draft TUPE regulations ("New TUPE") earlier this year which were due to come into force on 1 October 2005. However, implementation has now been delayed until 6 April 2006. New TUPE will introduce the following changes which will affect both customers outsourcing and service p
UK
18 Nov 2005
9
Three California Supreme Court Decisions: Not All Good News
On July 18, 2005, the California Supreme Court entered its decision in the case entitled Miller v. Department of Corrections (2005) 36 Cal.4th 446. The decision significantly expands potential employer liability for sexual harassment claims.
United States
31 Aug 2005
10
Employment Law Commentary - May 2005
Under Title VII of the Civil Rights Act of 1964 ("Title VII") and California’s Fair Employment and Housing Act ("FEHA"), California employers are prohibited from discriminating against employees on the basis of religion.
United States
2 Jun 2005
11
Employment Law Commentary - April 2005
This new year has brought a variety of new employment law cases from both federal and state courts. Most offer clarification on existing law, while a couple expand existing obligations or liability.
United States
6 May 2005
12
Employment Law Commentary - January 2005
Recently I tried a complicated disability discrimination case in a California state court. The client terminated a long-term worker, who was living with cancer, on the "strength" of a surveillance video, which purportedly showed the employee leaving work with a stolen product. The product consisted of two six-packs of soda. The client had a zero-tolerance-for-theft policy, and the plaintiff was terminated along with nine other offenders on the tape.
United States
11 Feb 2005
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