News & Analysis as of

Reinstatement

Cozen O'Connor

Small v. Allianz Life Ins. Co. of N. Am. – A “Small” Case But Huge Decision

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Life insurers operating in California can breathe a little easier this morning. Since 2021, life insurers have been facing a wave of class action lawsuits and potentially crushing liability based on alleged violations of...more

MG+M The Law Firm

EPA Proposes Partial Ban on Chlorpyrifos: Navigating the Regulatory Shift for Food Producers and Consumers

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Recently, the US Environmental Protection Agency (EPA) proposed a rule to revoke most food crop tolerances for chlorpyrifos, a pesticide extensively used in agriculture. This decision comes after the US Eighth Circuit Court...more

Husch Blackwell LLP

Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

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On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in...more

Health Care Compliance Association (HCCA)

‘No Evidence’: Judges Toss KU Researcher’s Conviction; Reinstatement Battle Is Next

“I am writing with good news!!! Yesterday, the 10th Circuit overturned Franklin’s only remaining conviction and ordered the trial judge to enter a verdict of NOT GUILTY!!! After five long and difficult years, Franklin has...more

Tonkon Torp LLP

Understanding Workout Agreements for Commercial Real Estate Loans in Default

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When commercial real estate loans go into default, workouts are often pursued to resolve the default by agreement. What are the common forms of workout agreements? For commercial real estate borrowers in default, it’s...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Tucker Arensberg, P.C.

Does U.S. Supreme Court Decision in Favor of Starbucks Signal Greater Restriction on the Powers of the National Labor Relations...

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Starbucks Corp. v. McKinney, Regional Director of Region 15 of the National Labor Relations Board, decided on June 13, 2024, arose out of the discharge of several Starbucks employees who formed a union organizing committee...more

Fisher Phillips

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

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The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Publishes First Opinion Addressing First-Party Indemnity Provisions

On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the...more

Marshall Dennehey

Act 111 is Not an Unconstitutional Special Law Regulating Labor, and an IRE Physician’s Evaluation is Competent to Support a...

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Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough - The claimant underwent an Impairment Rating Evaluation (IRE) on September 20, 2011, following a July 5, 2005,...more

Constangy, Brooks, Smith & Prophete, LLP

When employers are sorry

The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

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On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Miller Canfield

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

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Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

U.S. Equal Employment Opportunity Commission...

United Parcel Service to Pay $150,000 to Settle EEOC Disability Discrimination Lawsuit

Company Agrees to Reinstate Employee With Diabetes Who Needed an Accommodation - JACKSONVILLE, Fla. – United Parcel Service, Inc. (UPS), will pay $150,000 and provide other relief, including offering reinstatement to a...more

Smart & Biggar

Canadian patents: Establishing “due care” after failure to pay a maintenance fee

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It has been four years since amendments to the Patent Act and Patent Rules were made, bringing the Patent Law Treaty (PLT) into force in Canada. The most consequential changes have proven to be the handling of missed...more

Kohrman Jackson & Krantz LLP

Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders

In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more

Kohn, Kohn & Colapinto LLP

Interpreting “Contributing Factor”: The Role of Retaliatory Intent in Upcoming Supreme Court Whistleblower Case

In the upcoming Supreme Court term, a pivotal employment case is on the docket: Murray v. UBS Securities, LLC. This case will dissect and evaluate a key element of the Sarbanes-Oxley Act (SOX), specifically regarding...more

Davis Wright Tremaine LLP

Oregon's PFML Program Is Going Live Soon – What Employers Need to Know

Eligible employees may receive benefits under Oregon's paid family and medical leave (PFML) program starting September 3, 2023. Many Oregon employers and employees still have questions about this PFML program and how it...more

ArentFox Schiff

Bankruptcy Court Rules Payment of Default Interest is Required to Reinstate Defaulted Loan

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With rising interest rates, one strategy a debtor can pursue as part of a reorganization is to reinstate a defaulted loan that has a below market rate. As the bankruptcy court for the Southern District of New York recently...more

Rodemer Kane Attorneys at Law

DMV Colorado Springs - A Complete Guide

Dealing with the Colorado Springs DMV can be an incredibly stressful and confusing experience. From enduring long holds and waiting in lengthy lines to receiving inconsistent information, the DMV often lives up to its...more

Tucker Arensberg, P.C.

Commonwealth Court Reinstates Arbitrator’s Decision Reducing a Discharge to a 180 Day Suspension Without Pay

Grievant was employed for 17 years as an automotive technology instructor at the Clarion County Career Center, a vocational-technical school. His discharge arose out of a complaint by a student that the Grievant’s conduct...more

Goodell, DeVries, Leech & Dann, LLP

To the Victor Go the Spoils? The Recovery of Attorney's Fees in Attorney Discipline Cases

AGC V. SINGH, 2023 Md. LEXIS 150 (April 7, 2023) It is well-settled that absent certain exceptions, each party is responsible for their own attorney's fees regardless of the outcome of a case. But what about attorney...more

Foley & Lardner LLP

Landmark NLRB Decision Expands Labor Violations

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As we’ve recently informed our readers, the National Labor Relations Board (“NLRB” or the “Board”) ended 2022 with a series of consequential decisions for employers. One such decision – issued on December 13, 2022,...more

Foley & Lardner LLP

NLRB Leaves Lumps of Coal In Employers’ Holiday Gift Bags

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The National Labor Relations Board (NLRB or the “Board”) has issued a series of recent decisions that will give employers concern in 2023 and beyond. First, on December 13, 2022, the Board issued a decision that greatly...more

Foley & Lardner LLP

NLRB Unleashes New Damages Against Labor Law Violators

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On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more

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