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Searching Content indexed under Employment Litigation/ Tribunals by Dickinson Wright PLLC ordered by Published Date Descending.
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1
To Institute Arbitration, Employers Must Make Employee Acceptance A Condition Of Continued Employment
On December 15, 2017, the United States District Court for the Eastern District of Michigan issued an opinion reinforcing the principle that an employer may only institute arbitration ...
United States
29 Jan 2018
2
The Seventh Circuit Court Of Appeals Rules Title VII Of The Civil Rights Act Of 1964 Prohibits Sexual Orientation Discrimination
The court's decision is significant because while the Act expressly forbids employers from discriminating on the basis of race...
United States
13 Apr 2017
3
Joint / Related / Common Employers: Are You At Risk
Similar to other businesses, franchisors should consider the degree of control that they exercise over their franchisees' operations.
Canada
10 Nov 2016
4
U.S. Supreme Court Holds That Resignation Triggers The Limitations Period For Constructive Discharge Claims
The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim.
United States
1 Jun 2016
5
SCOTUS: Statistical Or Representative Evidence Can Be Used In Class And Collective Actions
Class and collective action plaintiffs can establish liability through statistical or "representative" evidence, the U.S. Supreme Court ruled in Tyson Foods, Inc. v. Bouaphakeo, released last week.
United States
30 Mar 2016
6
NLRB's ‘Joint Employer' Decision Could Lead To Labor Law Headaches For Franchisors
The final resolution of these questions may be some years away, but monitoring further developments will assist you in restructuring your agreements and system to be in the best position to avoid joint employer liability.
United States
14 Sep 2015
7
Bills Propose To Reverse National Labor Relations Board Jurisdiction Over Indian Tribal Governments
Despite the fact that Congress had enacted sweeping pro-Indian legislation in the form of the Indian Reorganization Act of 1934 in the previous year, the NLRA did not mention Indian tribes at any point.
United States
27 Apr 2015
8
The Supreme Court Of The United States Holds That ESOP Fiduciaries Are Not Entitled To A Presumption Of Prudence, Clarifies Standards For Stock Drop Claims
The Supreme Court of the United States unanimously held that there is no special presumption of prudence for fiduciaries of employee stock ownership plans.
United States
8 Jul 2014
9
E-Mail Troubles: Can Your Company’s Handbook Help You In Employment Litigation?
Have you ever considered whether your company has a right to use an employee’s e-mail communications with his or her attorney conveyed through your company’s system?
United States
15 Jan 2014
10
OESA Legal Corner E-Mail Troubles: Can Your Company’s Handbook Help You In Employment Litigation?
Have you ever considered whether your company has a right to use an employee’s e-mail communications with his or her attorney conveyed through your company’s system?
United States
19 Dec 2013
11
Supreme Court Update - Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent, Equitable Doctrines May Fill The Gaps
In an opinion delivered by Justice Kagan, the Supreme Court recently clarified when equitable doctrines may apply in subrogation and reimbursement claims.
United States
25 Apr 2013
12
Select Circuit Court Decisions
A number of discussions relating to select Circuit Court Decisions.
United States
25 Apr 2013
13
Insurer’s Antitrust Action Against Physicians Avoids Dismissal
On September 17, 2012, Judge Gustavo Gelpi, District Court Judge for the District of Puerto Rico, denied the defendants’ motion to dismiss plaintiff’s complaint in Humana Health of Puerto Rico v. Vilaro.
United States
30 Nov 2012
14
Ohio Court Rules That A Court Cannot Compel A Terminated Employee To Return PHI To The Former Employer
In a July 2012 decision by an Ohio District Court, Cabotage v. Ohio Hospital for Psychiatry LLC, the Court ruled that it did not have the jurisdiction under HIPAA to compel Ms. Cabotage, a former employee, to return stolen records to the Ohio Hospital for Psychiatry, LLC (OHP) and Behavioral Centers of America, LLC (BCA), her former employer.
United States
30 Nov 2012
15
Sixth Circuit Upholds Wal-Mart’s Termination Of Employee For Using Medical Marihuana
In a case of significant importance, on September 19, 2012, the United States Court of Appeals for the Sixth Circuit held that a private employer may fire an employee for testing positive for medical marihuana in violation of the employer’s drug use policy under the Michigan Medical Marihuana Act ("MMMA").
United States
5 Oct 2012
16
Recent Cases Deal With Impact Of Termination Of Employed Physicians
Two recent cases highlight the need for hospitals that employ physicians to consider the collateral consequences of exercising termination rights under employment agreements
United States
20 Aug 2012
17
Select Circuit Court Case Summaries
Although Prudential determined that the insured was totally disabled for the purposes of waiving the premium for an individually purchased life insurance policy, the insurer denied his estate's claim for proceeds under a group life insurance policy, based on the conclusion that the insured was not totally disabled when he stopped working for the plan sponsor, and therefore was not eligible for a premium waiver.
United States
 
23 Apr 2012
18
Bear Stearns Agrees To Stock-Drop Litigation Settlement
On March 20th, Bear Stearns Cos. agreed to a $10 million settlement to resolve claims that it breached fiduciary duties under ERISA by offering its common stock as an investment option when it was no longer a prudent investment.
United States
23 Apr 2012
19
District Court Gives Preliminary Approval To Settlement In King & Prince Seafood Corporation Stock-Drop Litigation
On April 4th, the United States District Court for the Southern District of Georgia gave preliminary approval to a settlement in a class action brought by participants in the King & Prince Seafood Corporation Employee Stock Ownership Plan.
United States
23 Apr 2012
20
ESOP Legal News: April 2012 - Volume 1, Number 2
On April 4th, the United States District Court for the Southern District of Georgia gave preliminary approval to a settlement in a class action brought by participants in the King & Prince Seafood Corporation Employee Stock Ownership Plan.
United States
20 Apr 2012
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