ASAP
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March 16, 2018

A Uniform Standard of Review in ERISA Benefit Denial Cases: The Fifth Circuit Overrules Itself to Fall in Line with Other Courts

With its en banc decision in Ariana v. Humana Health Plan of Texas, the Fifth Circuit reconsidered the standard of review in an ERISA denial of benefits case.

ASAP
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March 15, 2018

Colorado Supreme Court Clarifies the Statute of Limitations under the Colorado Wage Act, Closing the Door on Stale Claims

The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado.

ASAP
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March 15, 2018

Puerto Rico Supreme Court Sets Standard to Apply the Successor Liability Doctrine

The Puerto Rico Supreme Court recently issued an Opinion in the case of Roldán Flores v. M. Cuebas, in which it addressed again the requirements for applying the “successor liability doctrine.”

Insight
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March 14, 2018

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII.

ASAP
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March 14, 2018

New OFCCP Directive on Predetermination Notices Makes it Easier for Contractors to Understand and Address OFCCP Audit Concerns

OFCCP has announced a new Directive providing that it will no longer issue final findings of a violation before first issuing a Predetermination Notice (PDN) and considering the contractor’s response.

ASAP
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March 13, 2018

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New Mexico Human Rights Act.

Insight
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March 13, 2018

Sixth Circuit Clarifies Discrimination Pleading Burden and Liability Related to Title IX Sexual Misconduct Investigations

A recent 6th Circuit decision provides both comfort and caution for universities facing claims of discrimination or bias in the conduct of their disciplinary proceedings relating to sexual misconduct.

ASAP
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March 12, 2018

DOJ Challenges California Law Placing Restrictions on Employers' Ability to Allow ICE into the Workplace

The DOJ has filed a lawsuit challenging California’s Immigrant Worker Protection Act, among other laws designed to limit the extent state law enforcement and prisons may cooperate with the ICE.

Insight
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March 12, 2018

California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation

The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period.

ASAP
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March 9, 2018

Ontario, Canada Introduces New Legislation Banning Compensation Questions

In an effort to combat gender discrimination and increase transparency during the hiring process, the Ontario government has introduced The Pay Transparency Act.

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