Successor Employers

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    The U.S. Court of Appeals for the 3rd Circuit (whose rulings apply to all New Jersey employers) recently concluded that a successor employer could be liable for Fair Labor Standards Act (FLSA) violations committed by its predecessor. Facts Patricia Thompson was hired in June 2009 to work as a mortgage underwriter for Security Atlantic Mortgage...
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    During its 2013 session, the Florida Legislature considered a number of bills of interest to employers and employees in the Sunshine State. The proposed legislation ranged from bills affecting the administration of the state's workers' compensation system and pension reform to proposals on workplace bullying and protected classes under the Florida...
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    Robbie Shaw worked for Retirement Living Management (RLM). She believed she was discriminated against on the basis of her race, so she filed suit and was awarded $11,825 in damages and $54,365 in attorneys' fees. But there was a hitch: After the verdict was handed down in her favor, RLM was sold, and its assets were taken over by two new companies...
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    Final U.S. Department of Labor (DOL) and Federal Acquisition Regulatory Council regulations took effect on January 18, implementing President Barack Obama's Executive Order 13495, signed on January 30, 2009. The Executive Order requires contractors and subcontractors that fall "under a contract that succeeds a contract for performance of the same...
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    How do employees go about proving discrimination in cases involving multiple employment decisions, like reductions in force (RIFs)? Typically, they use a combination of evidence and arguments—for example, assertions that selection criteria were subjective (e.g., "attitude" and "adaptability"), evidence of managers' biased remarks (e.g., we "...
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    Hospital settles national origin discrimination claims. A San Joaquin Valley acute care hospital has agreed to pay $975,000 to settle a national origin discrimination lawsuit filed by a class of approximately 70 Filipino-American workers. The Delano Regional Medical Center workers claimed they endured ongoing harassment and discrimination by top-...
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    How do employees go about proving discrimination in cases involving multiple employment decisions, like reductions in force (RIFs)? Typically, they use a combination of evidence and arguments—for example, assertions that selection criteria were subjective (e.g., "attitude" and "adaptability"), evidence of managers' biased remarks (e.g., we "...
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    With the publication on May 3 of a proposed rule, the federal government took one more step toward requiring contractors holding service contracts with the government to provide a right of first hire to employees of the company that previously provided the services to the government. Here's a look at the background of the rule. Process...
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    Quietly and without any press release, U.S. Secretary of Labor Hilda Solis filed suit on October 24, 2011, against a Mesa, Arizona, bottled water distributor, apparently taking a very employee-friendly view of the rules of successor liability under the Family and Medical Leave Act (FMLA). Based solely on the five-page...
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    Quietly and without any press release, U.S. Secretary of Labor Hilda Solis filed suit on October 24, 2011, against a Mesa bottled water distributor, apparently taking a very employee-friendly view of the rules of successor liability under the Family and Medical Leave Act (FMLA). Based solely on the five-page lawsuit filed...
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