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Senate committee advances NLRB nominees (access required)

Published: May 23, 2013

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WASHINGTON – A Senate committee has advanced the nominations of President Barack Obama’s five picks for the National Labor Relations Board, setting the stage for a potential partisan showdown on the Senate floor.

Medicare statute doesn’t preempt state comp law (access required)

Published: May 22, 2013

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The Medicare Secondary Payer Statute does not preempt a state law requiring a workers’ compensation claimant to obtain preauthorization before incurring certain medical expenses, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.

Employee could pursue ADA claim despite Chapter 13 bankruptcy (access required)

Published: May 21, 2013

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An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.

Wage & hour suits hit record high, firm study finds (access required)

Published: May 21, 2013

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Wage-and-hour lawsuits filed under the Fair Labor Standards Act have hit an all-time high, according to a new study of federal court caseloads.

Court to rule on whether private employees get SOX retaliation shield (access required)

Published: May 20, 2013

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WASHINGTON – Next term the U.S. Supreme Court will decide whether an employee of a privately held contractor or subcontractor of a public company is covered under the whistleblower protections of the Sarbanes-Oxley Act.

NLRB reversed again due to ‘invalid’ Obama recess appointment (access required)

Published: May 17, 2013

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A second federal appeals court has ruled that an order issued by the National Labor Relations Board cannot be enforced because of an “invalid” recess appointment by President Barack Obama.

Court reverses itself in striking $3.5M punitive award against Chrysler (access required)

Published: May 16, 2013

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A Chrysler employee failed to produce sufficient evidence of malice or recklessness to justify a substantial award of punitive damages in a Title VII hostile environment case, the 7th U.S. Circuit Court of Appeals has ruled.

ERISA doesn’t completely preempt suit over pension rights (access required)

Published: May 15, 2013

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A tortious interference suit over contractual obligations arising under a pension plan was not completely preempted by ERISA, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.

Employer didn’t violate ADA by demanding mental exam (access required)

Published: May 14, 2013

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An employer didn’t violate the Americans with Disabilities Act when it required an employee to undergo a mental examination after he made threatening comments at work, the 11th U.S. Circuit Court of Appeals has ruled in affirming judgment.

Benchmarks: Coca-Cola could require employee to undergo mental exam (access required)

By: Pat Murphy
Published: May 13, 2013

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A federal court of appeals has decided that Coca-Cola didn’t violate the Americans with Disabilities Act when it required an employee to undergo a psychiatric fitness-for-duty evaluation.

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