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Searching Content indexed under Employment Litigation/ Tribunals by Andrew Tauber ordered by Published Date Descending.
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Supreme Court Decision Alert - January 11, 2012
The Outer Continental Shelf Lands Act ("OCSLA") extends worker compensation benefits for "disability or death . . . resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf." 43 U.S.C. § 1333(b).
United States
12 Jan 2012
2
Supreme Court Docket Report - November 28, 2011
The outside-sales exemption of the Fair Labor Standards Act ("FLSA") provides that workers who are employed "in the capacity of outside salesman" are not entitled to overtime pay.
United States
1 Dec 2011
3
Supreme Court Docket Report - September 27, 2011
Internal Revenue Service ("IRS") Notice 2000-44 prohibits a form of tax transaction, known as "Son-of-BOSS," that uses a short-sale mechanism to inflate a taxpayer’s basis in a partnership interest shortly before selling the interest.
United States
30 Sep 2011
4
Supreme Court Decision Alert – June 20, 2011
In Wal-Mart Stores, Inc v. Dukes, No. 10-277, the Supreme Court today reversed the class certification of a sprawling Title VII lawsuit against Wal-Mart Stores, Inc.
United States
29 Jun 2011
5
Supreme Court Decision Alert - June 23, 2011
In a trilogy of closely watched cases, "PLIVA, Inc. v. Mensing", No. 09-993, "Activas Elizabeth, LLC v. Mensing", No. 09-1039, and "Activas, Inc. v. Demahy", No. 09-1501, the Supreme Court held today that the federal statutes and regulations governing the labeling of generic drugs preempt state-law failure-to-warn claims against generic drug manufacturers.
United States
29 Jun 2011
6
Supreme Court Decision Alert - May 16, 2011
The False Claims Act ("FCA"), 31 U.S.C. §§ 3729 "et seq.", imposes civil penalties and treble damages on persons and businesses that submit false or fraudulent claims for payment or approval to the federal government.
United States
17 May 2011
7
Supreme Court Decision Alert - March 1, 2011
Under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4311 et seq., it is unlawful for an employer to discriminate on the basis of an employee’s membership in the armed services.
United States
2 Mar 2011
8
Supreme Court Decision Alert - January 24, 2011
Title VII of the Civil Rights Act of 1964 makes it unlawful to retaliate against an employee "because he has made a charge" against his employer under the Act, 42 U.S.C. § 2000e-3(a), and permits "a person claiming to be aggrieved" to file charges against his employer alleging an unlawful employment practice, 42 U.S.C. § 2000e-5(b).
United States
25 Jan 2011
9
Supreme Court Docket Report - November 29, 2010
Today the Supreme Court granted certiorari in "CSX Transportation, Inc. v. McBride", No. 10-235, to decide whether the Federal Employers’ Liability Act (FELA) requires proof of proximate causation.
United States
2 Dec 2010
10
Supreme Court Docket Report - June 28, 2010
In 2007, Arizona enacted the Legal Arizona Workers Act, which provides for penalties against employers who hire unauthorized aliens, including suspension or loss of their license to do business in Arizona.
United States
2 Jul 2010
11
Supreme Court Docket Report - June 29, 2010
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), makes it illegal to retaliate against an employee for (a) opposing an unlawful employment practice or (b) participating in an investigation of, or proceedings against, an employer under the Act.
United States
2 Jul 2010
12
Supreme Court Decision Alert - May 24, 2010
In a decision that could prove significant to all businesses that engage in joint ventures and other cooperative enterprises, the Supreme Court ruled today in "American Needle, Inc. v. National Football League", No. 08-661, that the National Football League (NFL) does not constitute a "single enterprise" for antitrust purposes, holding instead that the league’s 32 constituent teams are separate enterprises when it comes to selling branded items like caps.
United States
27 May 2010
13
Supreme Court Decision Alert - April 21, 2010
Many employee pension plans are regulated by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 "et seq." ERISA permits plan participants to file an action in federal court if they are aggrieved by a decision of the plan administrator.
United States
30 Apr 2010
14
Supreme Court Docket Report - April 19, 2010
Under the Copyright Act’s first sale doctrine, codified at 17 U.S.C. § 109(a), the owner of any particular copy "lawfully made under this title" may sell or otherwise transfer ownership of that copy without the authorization of the copyright owner.
United States
22 Apr 2010
15
Supreme Court Docket Report - March 22, 2010
The Fair Labor Standards Act ("FLSA") provides a cause of action to an employee who suffers an adverse employment action "because such employee has filed any complaint" under the FLSA. 29 U.S.C. § 215(a)(3).
United States
23 Mar 2010
16
Supreme Court Docket Report - November 2, 2009
The Tax Injunction Act ("TIA"), 28 U.S.C. § 1341, provides that federal district courts "shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State."
United States
4 Nov 2009
17
Supreme Court Decision Alert - June 18, 2009
The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for an employer to take adverse action against an employee “because of such individual’s age.” 29 U.S.C. § 623(a).
United States
23 Jun 2009
18
Supreme Court Decision Alert - June 1, 2009
Under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51-60, railroad employees may recover for workplace injuries caused by the railroad’s negligence.
United States
3 Jun 2009
19
Supreme Court Docket Report (1) - May 18, 2009
Today the Supreme Court issued one decision, described below, of interest to the business community. AT&T Corp. v. Hulteen, No. 07-543 (previously discussed in the June 23, 2008 Docket Report).
United States
19 May 2009
20
Supreme Court Docket Report - Decision Alert - January 26, 2009
Title VII of the Civil Rights Act of 1964 prohibits an employer from retaliating against an employee because the employee "has opposed" unlawful workplace race or gender discrimination—commonly known as the "opposition clause"—or because the employee "has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII]"—commonly known as the "participation clause."
United States
27 Jan 2009
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