Francesca’s Acquisition, LLC reported to the Attorney General of Maine that an unauthorized party had gained illicit access to certain parts of its computer network on September 25, 2023. The breached segment of the network reportedly contained sensitive consumer data, prompting Francesca’s to issue a public notice. According to the notice, the extent of the…
The United States Environmental Protection Agency (“EPA”) is progressing with a proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and poly-fluoroalkyl substances (“PFAS”), as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). This move, if finalized, may have vast implications on closed and in-progress…
In the world of corporate law, the term “salary” is a common point of confusion due to differences in usage across employee categories. Despite its ubiquity, it carries specific nuances when applied to distinct employee groupings: exempt and non-exempt. Often, these implications can have significant legal consequences that tend to baffle employers. According to a…
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against nonprofit organization Didlake, Inc., a government contractor known for providing janitorial and maintenance employees to federal worksites across Maryland, Virginia, and Washington, D.C. The nonprofit is charged with violating the Americans with Disabilities Act (ADA). According to the lawsuit, Didlake failed in providing…
Major payroll software provider ADP has been accused of pressuring their employees not to report overtime hours, according to a lawsuit uncovered by Law.com Radar. This complaint highlights the ethical concerns within corporate legal frameworks regarding fair compensation and working hours. Based in East Brunswick, New Jersey, ADP is a titan in its industry, servicing…
Recently passed legislation in Illinois significantly broadens access to punitive damages and expedited trials, establishing a new landscape for litigation in the state. In particular, Illinois House Bill 219 and Illinois Senate Bill 1748 have been designed to help plaintiffs, especially those in wrongful death and survival cases, and senior citizens. As reported by Harris…
On June 9, 2023, the Securities and Exchange Commission (SEC) approved the New York Stock Exchange’s (NYSE) and Nasdaq Stock Market’s (Nasdaq) proposed clawback listing standards. The amendments not only outlined the listing standards but also delayed the effective date of the rules to October 2, 2023. As per the newly approved standards, all listed…
In the intricate realm of medical malpractice litigation, determining who to hold accountable for injuries can often be a daunting task. Navigating these legal waters demands a meticulous investigation into the specifics of each case and an understanding of the potential liable parties or organizations. This article provided by Morris James LLP can serve as…
In a significant move, the German Federal Court of Justice (FCJ) recently bolstered minimum offer price rules under the German Securities Acquisitions and Takeover Act. This has been evidenced by two separate judgments, case numbers II ZR 219/21 and II ZR 220/21. In these judgments, the court awarded payment claims to former shareholders of a…
In the event that Congress fails to approve a budget by October 1, employers across the nation may need to battle another government shutdown. The impact of such a shutdown is of specific concern to those operating in various sectors of the economy, ranging from manufacturing to healthcare to information technology. The domino effect can…
Welcome to this week’s Allen & Overy Pensions team review, providing an overview of the latest legal and regulatory changes in the field of workplace pensions. We delve into a diverse range of topics, furnishing insights that are essential for legal professionals immersed in the corporate world and major law firms. The week began with…
Cloud storage provider Box Inc. has found itself facing an employment action in California state court. The lawsuit alleges the company fell short in adequately compensating their remote employees. The areas of contention include expense reimbursements for necessities such as internet connections, office space, supplies, as well as valuable equipment. Furthermore, it claims the company…
In the sphere of data privacy, salary negotiations can be fraught with tension and apprehension. Employees wrestle with the decision between asking for an increase in compensation or seeking opportunities elsewhere. However, according to the 2023 IAPP & TRU Privacy Professionals Salary Survey, these concerns seem to be of less significance in the privacy industry….
Oracle Corp. enticed its new Chief Legal Officer, Stuart Levey, with a significant stock grant when he took up his new role in October 2022. On joining the database-management giant, Levey, who has extensive government experience and once held a top legal position at HSBC Holdings Plc, was issued a special stock grant valued at…
The Pay Transparency law came into effect in the State of New York on September 17, 2023. Employers in New York must now reveal information on compensation when announcing job openings, as in many other states and local territories, New York City included. This measure is designed to encourage pay transparency for applicants and employees…
In a rather compelling case that once again brings up the importance of the burden of proof principle in causation matters, Normandy Insurance Company v. Mohammed Bouayad and Value Car Rental, LLC (Case No. 1D21-1717) has been making waves in the legal sphere. This case recently saw an appeal from an order of the Office…
In a recent ruling, the Arizona Court of Appeals established that an office worker’s death from COVID-19 could qualify for workers’ compensation, provided statutory requirements are satisfied. This decision is in direct response to the case of Kenneth Zerby, a design engineer who succumbed to the disease while working for Western Millwork in October 2020….
In a crucial legal development, American Rehab Kare, LLC a/a/o Tracy Alexandre has been dealt a setback in their lawsuit against Plymouth Rock Assurance Preferred Corp., as reported by JD Supra. Plymouth Rock filed a motion in response to the plaintiff’s compensation claim, asking the court to dismiss the suit and compel arbitration, a move…
As economic volatility and regulatory changes continue to put a spotlight on executive pay, it becomes increasingly crucial to ensure that your company’s executive compensation schemes are working. This notion forms the fourth part in a series looking at the health of employee benefit plans, this week focusing on executive compensation. The compensation packages for…
On June 9, 2023, the Securities and Exchange Commission (SEC) gave its approval to the clawback listing standards proposed by two of the world’s most influential stock exchanges, the New York Stock Exchange (NYSE) and The Nasdaq Stock Market. The approval was in accordance with the SEC Rule 10D-1. All listed companies are now required…
Thousands of public sector workers in Greece participated in a strike last Thursday, protesting against a proposed new labor law submitted in the Hellenic Parliament. This included a diverse range of workers such as doctors, transport staff, and firefighters. The contentious labor law, yet to garner parliament’s approval, allegedly permits employers to dismiss employees within…
In an interesting shift, the Consumer Financial Protection Bureau (CFPB) seems to be realigning its long-standing position on loan originator compensation. As reported, many residential mortgage lenders at present, have compensation structures that provide for a payout to loan originator in the form of a single commission amount for loans financed by the lender, and…
In the professional world, an efficient and well-executed employee onboarding process can be instrumental. It allows companies to not only recruit and retain top talent, but also fulfill legal obligations, secure necessary protections, and prevent expensive errors. Furthermore, staying updated on recent legal changes that could potentially influence how organizations onboard is crucial. The recent…
In this third part of our series on employee benefit plans, we will discuss some of the more unnoticed yet potentially consequential health and welfare issues that can arise within staff benefit structures. With an understanding of these common faults, plan sponsors can optimise their benefits offerings, mitigate problems, and ensure compliance with the Employee…
In a recent court ruling which is causing ripples in the legal sector of employee benefits, the Ninth Circuit Court concluded that plan fiduciaries were engaged in prohibited transactions following the modification of an existing recordkeeping contract, including the addition of brokerage and investment advisory services. This legal development is covered in detail by JDSupra….