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In a Special Meeting, Cal/OSHA Withdraws Revised Proposal to Re-adopt COVID-19 Emergency Temporary Standards

On June 3, 2021, the Cal/OSHA Standards Board adopted an updated version of the Emergency Temporary Standard (ETS) that phased out certain face covering and physical distancing requirements found in the November 30, 2020...more

Coronavirus (COVID-19) Employer FAQs (UPDATED)

The increased spread of the novel coronavirus (COVID-19) in the United States presents employers with significant workplace challenges. The following Frequently Asked Questions (FAQs) are designed to address some of the...more

Annual Report on EEOC Developments — Fiscal Year 2017

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

Ninth Circuit Joins First Circuit in Finding that the Elimination of a Pension Transfer Option does not Violate ERISA's...

In Anderson v. DHL Retirement Pension Plan, the Ninth Circuit followed the First Circuit in finding that the elimination of the right to transfer an account balance from a defined contribution plan to a defined benefit plan...more

Tenth Circuit is First Circuit to Determine Remedies for Violation of ERISA Section 204(h) Notice Requirements

The transition of many companies from using traditional "final average pay" plans to "cash balance" pension plans in the last two decades has created significant employee discontent, and therefore substantial litigation. ...more

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more

Tenth Circuit Upholds Employee Termination 2 Days After FMLA Leave Request

The Tenth Circuit Court of Appeals, in Brown v. ScriptPro, LLC, 2012 U.S. App. LEXIS 24364 (Nov. 27, 2012), recently clarified that discharging an employee within two days of a request for medical leave does not by itself...more

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