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Appeals Court Rejects Key Provisions of Oklahoma Immigration Law

By Charles S. Plumb Yesterday’s ruling by a federal court of appeals stops enforcement of key portions of Oklahoma’s sometimes controversial immigration law known as House Bill 1804. First, a brief history. House Bill 1804 went into effect on November 1, 2007, and its business-related immigration provisions were immediately challenged in court. On June 4, […]

Lawsuits and Lawyers: Insurance Adjusters Who Won $90 Million Now Claim Their Lawyers Should Have Won an Even Bigger Verdict; Watch Your Step

The long-running class action lawsuit over alleged misclassification of Farmers Insurance Exchange adjusters has taken another twist: A California court of appeal has ruled that the employees can sue the San Francisco law firm that represented them against Farmers for malpractice.

Web Surfing at Work–Can You Stop It?

It seems that no matter how many times you remind employees to stop personal use of the Internet, they keep on surfing. Today’s expert has solutions. Internet usage at work is tough one, says Laura E. Innes, a partner at the law firm of Simpson, Garrity & Innes in South San Francisco. But there are […]

Supreme Court to Hear Imprudent 401(k) Fees Case

The U.S. Supreme Court on Oct. 2 agreed to hear a case that, if overruled, could make 401(k) fee lawsuits by participants in employer-sponsored defined contribution retirement plans much easier. The High Court granted plaintiffs’ petition for writ of certiorari in Tibble v. Edison International, (13-550), a case based on the cost and prudent selection […]

West Virginia Legislature passes right-to-work bill; governor promises veto

by Rodney L. Bean Both houses of West Virginia’s legislature have passed a bill that would make West Virginia the nation’s 26th right-to-work state. The bill arrived at Governor Earl Ray Tomblin’s desk on Monday, February 8, and now awaits his signature or veto.  After a February 4 debate that lasted almost five hours, the […]

Whistleblower Complaints: OSHA Issues Final Rules for Whistleblower Complaints Under the Sarbanes-Oxley Law

In 2002, President Bush signed into law the Sarbanes-Oxley Act, designed to deter corporate corruption and protect employees who blow the whistle on corporate transgressions. Now the federal Occupational Safety and Health Administration (OSHA), the agency designated to handle whistleblower complaints under the act, has released final rules regarding the complaint filing and investigation process. […]

FMLA Retaliation or Unauthorized Use of Vacation Time?

By Shane A. Zahrt, JD, Felhaber Larson An employee claimed she was terminated by her employer for taking time off under the Family and Medical Leave Act (FMLA) to cope with a back injury. Her employer blamed the termination on her unapproved use of vacation days. Read on to see how a federal judge used […]

2nd Circuit Reverses Xerox Plan’s Use of ‘Phantom’ Offset

For the third time in eight years, a federal district court decision endorsing Xerox’s pension plan interpretation has been reversed, setting aside judicial deference usually granted to these interpretations under ERISA and moving Xerox retirees closer to winning final benefits. The issue in the case is how an earlier lump-sum distribution to some employees affects […]

Compensation 2013–Not Where We Wanted to Be

Unfortunately, there’s a place where we hoped to be in 2013, and that’s not where we are, but there are still strategies that will serve us well, says consultant Terry Pasteris. Where We’ve Been First of all, let’s look at where we’ve been, says Pasteris, who is president of TLMP Consulting Group. She offered her […]