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09Sep2015

Obama orders paid sick leave for federal contractor workers

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By Kelline R. Linton, Associate.   On Monday, President Obama signed an Executive Order requiring all federal contractors to offer paid sick leave by 2017. Federal contractors must allow employees to earn up to seven days of paid sick leave each year (one hour of paid sick leave for every thirty hours worked). This leave
03Sep2015

NLRB: Joint Employer Status May Exist for Indirect or Potential Control

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By Kelline R. Linton, Associate.   Last Thursday, the National Labor Relations Board (“NLRB”) overturned decades of precedent by establishing a new standard to determine whether two companies are a single “joint employer” for a group of workers. (Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NRLB No. 186 (August 27, 2015))
07Aug2015

Keeping an Eye on the NLRB and Executive Orders

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By Linda H. Evans, Senior Associate.   Keeping an eye on the NLRB   As August winds down, some NLRB watchers are expecting to see a flurry of activity from the Board. Possible announcements could include one dealing with an expanded view of what constitutes joint employers and another one allowing the unionization of Northwestern
30Apr2015

Texas Supreme Court Fails to Extend Immunity to Government Contractors

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By Kelline R. Linton, Associate.   On Friday, the Texas Supreme Court held that an independent contractor is not entitled to sovereign immunity when exercising independent discretion in performing government functions.   In Brown & Gay Engineering, Inc., No. 13-0605, a drunk driver entered the Westpark Tollway the wrong way on an exit ramp, which
30Jan2015

Supreme Court: Union contracts governed by contract law principles

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By Linda H. Evans, Senior Associate.   Earlier this week, the U.S. Supreme Court ruled that vague provisions in union contracts should not automatically be interpreted to favor workers. A chemical plant in W. Virginia had a contract with the steelworkers from the 1990′s which provided lifetime health care benefits to retirees at no cost.
05Dec2014

Hot off the Press: Discrimination Issues

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By Linda H. Evans, Senior Associate.   Two discrimination issues were in the news this week. The first issue deals with pregnancy discrimination in the workplace. On December 3, 2014, the U.S. Supreme Court heard arguments in the UPS case and will determine whether the company had the responsibility to provide light duty work to
17Oct2014

NLRB intends to redefine joint employer

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By Kelline R. Linton, Associate.   In recent months, the National Labor Relations Board (NLRB) has expressed an interest in redefining the standards for determining joint employer liability. The Board is attempting to change the standards to hold more employers jointly liable (or responsible) for another employer’s employees.   The current standard is that a
06Oct2014

Court finds extrapolation permissible to prove liability under False Claims Act

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By Kelline R. Linton, Associate.   On Monday, a Tennessee federal judge ruled that government attorneys can extrapolate from a small sample of billing statements to prove liability under the False Claims Act (“FCA”) in a closely watched whistleblower case—Life Care Centers of America Inc.   In Life Care Centers, the government accused a nursing
29Aug2014

D.C. Circuit Upholds Attorney-Client Privilege for Companies’ Internal Investigations

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By Kelline R. Linton, Associate.   In a recent decision, the U.S. Court of Appeals for the D.C. Circuit upheld the attorney-client privilege for companies conducting internal investigations. (Kellogg Brown & Root, Inc., No. 1:05-cv-1276 (D.C. Cir. June 27, 2014)).   In Kellogg Brown, the company had asserted the attorney-client privilege over an internal investigation,
13Aug2014

OFCCP issues proposed rule requiring annual Equal Pay Report

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By Kelline R. Linton, Junior Associate.   On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Notice of Proposed Rulemaking that would require federal contractors and subcontractors with 100 or more employees to submit an annual Equal Pay Report to the OFCCP. The OFCCP officially published the proposed rule on
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