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August 25, 2011

The Latest Word on 401(k) Fee Litigation: Third Circuit Narrows Plaintiffs' Ability to Bring ERISA Breach of Fiduciary Duty Claims

The U.S. Court of Appeals for the Third Circuit, relying on earlier decisions of the Seventh and Eighth

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August 24, 2011

"'J'accuse!' is not enough in court": Court Dismisses EEOC's Systemic Allegations as Unsupported by Reliable and Persuasive Evidence

After four years of litigation, the U.S. District Court for the Southern District of New York ruled on

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August 23, 2011

No Reinstatement Under CFRA for Employee Unable to Return to Work Within 12 Weeks

"After 19 weeks of medical leave, long-time employee Katrina L. Rogers returned to her job with the County

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August 23, 2011

Third Circuit Examines Cat's Paw Retaliation Theory

In McKenna v. City of Philadelphia, No. 09-3567 (3d Cir. Aug. 17, 2011), the Third Circuit had its first

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August 19, 2011

California Court Finds Professional Overtime Exemption Applies to Law Clerks

In Zelasko-Barrett v. Brayton Purcell, LLP, No. A130540 (Aug. 17, 2011), California's First District

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August 18, 2011

NLRB Upholds Disciplinary Action Despite Unlawfully Overbroad Work Rule

On August 11, 2011, the National Labor Relations Board (NLRB or the "Board") issued a new decision regarding

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August 17, 2011

California Appeals Court Affirms Employer's Right to Not Hire Possibly Disabled, But Admittedly Dishonest, Applicant

In Salas v. Sierra Chemical Co. (Aug. 9, 2011 – 3d App. Dist.), a California Court of Appeal affirmed

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August 16, 2011

Connecticut Prohibits Gender Identity or Expression Discrimination

After failing to adopt similar provisions in prior years, the General Assembly passed House Bill No.

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August 15, 2011

California Appeals Court Expands Admissibility of "Me Too" Evidence

In a case that significantly expands the scope of evidence that can be presented in a California employment

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August 12, 2011

10th Circuit Puts Another Nail in the Coffin for Cash Balance Plan Litigation

It's been a roller coaster ride for cash balance plans during the past 20 years or so – first the

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