Your search returned 50 results.

ASAP
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April 15, 2020

Puerto Rico Supreme Court Holds Plaintiffs Bear the Burden of Clearly Asserting in Their Complaints the Elements of Constructive Discharge Claims

The Puerto Rico Supreme Court recently clarified that plaintiffs’ heightened burden in constructive discharge claims starts at the pleadings stage.

ASAP
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April 10, 2020

Fifth Circuit Weighs in on Personal Jurisdiction and Certification Issues in Rule 23 Class Actions

In a recent decision, the Fifth Circuit left open the possibility that federal courts may be prevented from exercising jurisdiction over a non-resident defendant, in a Rule 23 class action, with respect to non-resident class members.

ASAP
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March 24, 2020

Supreme Court Clarifies That But-For Causation Standard Applies to Section 1981 Claims Throughout Pendency of Litigation

The U.S. Supreme Court has held that a but-for causation standard applies to claims brought under 42 U.S.C. § 1981, and that this standard applies throughout the lifetime of the litigation, including the initial pleading stage.

ASAP
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March 12, 2020

SCOTUS Rules States May Use Information “Contained” in Form I-9 to Prosecute Identity Theft

On March 3, 2020, the U.S. Supreme Court held that federal law did not prevent states from using their identity theft statutes to prosecute criminal cases where defendants, undocumented immigrants, used stolen Social Security numbers to get jobs.

Insight
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March 11, 2020

Littler Lightbulb: Pressing Immigration Issues for Employers

Littler’s Global Mobility and Immigration practice group assists employers as they face unprecedented business challenges, including an unpredictable economy. This article highlights several critical immigration-related developments that demand attention.

ASAP
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March 3, 2020

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

In a recent case under the Federal Railroad Safety Act, the Eighth Circuit reasserted that claimants must prove intentional discrimination in whistleblower retaliation cases subject to the AIR21 regulations.

Insight
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February 25, 2020

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

A recent decision—concerning the wrongful dismissal claim of a contractor who worked for a business for 10 years before becoming an employee—considers key questions about the calculation of reasonable notice, when the employee later separates.

Insight
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February 25, 2020

Canada: Federal Court of Appeal Affirms Federally Regulated Employees Can Make Unjust Dismissal Complaints after Signing Releases

Recently, in Bank of Montreal v. Li, 2020 FCA 22, the Federal Court of Appeal upheld a lower court's decision that federally regulated employees can make a complaint for unjust dismissal despite signing a release and settlement agreement.

Insight
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February 13, 2020

Legislative Highlights for Oregon Employers in 2020

Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon. This Insight provides an overview of the most notable recent employment law developments in Oregon.

Insight
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February 12, 2020

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

The Seventh Circuit recently became the second federal appellate court to address whether notice of an FLSA collective action may be sent to individuals who allegedly entered into mutual arbitration agreements waiving their right to join the action.

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