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When Does an Anti-Arbitration Provision Not Prohibit Arbitration of a Dodd-Frank Whistleblower Claim?

The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010, provides broad whistleblower protections to individuals who report certain possible violations of federal securities laws. Mindful that such protections can be provided in more than one forum and by different statutes, the U.S. Court of Appeals for the Third Circuit held in Khazin v. TD Ameritrade Holding Corp., ___ F.3d ___, 2014 WL 6871393 (3d. Cir. Dec. 8, 2014), that certain claims under Dodd-Frank are arbitrable.

How Does the "Cromnibus" Bill Impact Employers?

In an eleventh-hour attempt to avoid a government shutdown, the House of Representatives narrowly approved in a 219-206 vote a measure that would fund the federal government through September 20, 2015, with the exception of funding for immigration enforcement, which receives shorter-term “continuing resolution” funding. The Senate is expected to do the same. Part continuing resolution and part omnibus appropriations bill, the final "cromnibus" legislation includes a number of provisions affecting the workplace.

Congress Passes FY 2015 Omnibus Appropriations Bill: What it Means for Labor and Employment Agencies

Narrowly averting a federal government shutdown, on December 13 in a rare Saturday evening session the Senate passed the massive 1600 page, $1.1 trillion FY2015 Omnibus Appropriations bill that will fund government operations through September 2015. On Thursday, December 11, the House narrowly passed the omnibus spending bill over strenuous opposition from both liberals and conservatives. The House then passed a two-day stopgap funding bill that gave the Senate only until 11:59 p.m. on Saturday night to approve the massive omnibus funding bill. President Obama is poised to sign it.

7th Circuit Confirms Dismissal of Pharmacy Kickback Suit But Allows Whistleblower Retaliation Claim to Proceed

In United States, et al., ex rel. Grenadyor v. Ukranian Village Pharmacy, the Seventh Circuit recently confirmed the dismissal with prejudice of a False Claims Act (FCA) action based on the relator’s failure to plead with particularity the circumstances constituting three alleged types of fraud, as required by the Federal Rules of Civil Procedure.1 However, the court remanded the case to the district court to proceed on the relator’s retaliation claim that did not require the same level of detail.

What’s Next For Retailers After Integrity Staffing?

It is well-established that employees are responsible for a vast amount of inventory theft—or shrink—that retail employers experience on a daily basis. Recognizing this fact, retail employers utilize various loss prevention policies, procedures, processes, and methods to combat internal theft and minimize its potential effect on the bottom line.

New Year, New Laws: Compliance Challenges U.S. Employers Face in 2015

Although this year's labor- and employment-related legislative activity was down slightly from that of 2013 – in part due to congressional gridlock – by no means was 2014 insignificant. Throughout the year, an influx of new and amended laws requires employers to establish, revisit, or revise policies and practices. Although the November elections changed the political landscape in Washington as well as in a number of states, the contests were not solely between candidates for office. Voters also went to the polls to voice their position on ballot initiatives benefitting employees. On these issues, voters resoundingly approved pro-employee measures. Approval of these ballot measures suggests that employers could face even more new state and local mandates in the years ahead.

Employment law advice you should never follow

Employers, if you’re getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer.

Resource Update: HR Strategies for International Same-Sex Secondments

With an increasingly global marketplace, companies are turning to international secondments and postings to place talent around the world. Planning an international secondment or placement is a complex undertaking, and a host of issues must be considered, from immigration to compensation and tax planning. Often overlooked in the planning process is the home and host country's treatment of same-sex marriage and protections based on sexual orientation and gender identification, and how such laws will affect an employee's placement. Tiffany Downs and Scott Wagner, attorneys in FordHarrison's Employee Benefits practice group, address these issues and suggest some best practices to help ensure successful placements in HR Strategies for Same-Sex Secondments Internationally, a two-part article published by InsideCounsel magazine and available on FordHarrison's Knowledge Base here (part 1) and here (part 2).

Novel CFAA Claim, Predictable Result—Plaintiff Loses CFAA Claim Against Former Employer That Remotely Wiped Personal Device

For HR professionals and employment lawyers, the following is not an uncommon scenario—employee uses personal smart phone for business purposes at employer; employer terminates employee; employer then remotely wipes all data (including personal data) from employee’s phone; employee complains, alleging that employer was not authorized to delete the data. But does this scenario rise to the level of a violation of the Computer Fraud and Abuse Act (“CFAA”)? In Rajaee v. Design Tech Homes (Civil Action No. H-13-2517), the United States District Court for the Southern District of Texas answered that question “no.”

Texting and Using Personal Devices for Business

Usama Kahf and Brent Cossrow’s article “Texting and Using Personal Devices for Business” was featured in the Dec/Jan 2015 issue of Today's Corporate Counsel.
Human Resources ARTICLE INDEX