July 1, 2014
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With its term coming to a close, the Supreme Court has issued a pair of important opinions that set the stage for change in the labor and employment arena. The two cases – National Labor Relations Board v. Noel Canning, No. 12-1281, and Harris v. Quinn, No. 11-681 – have the potential to shake up labor relations in the years to come. Employers should remain vigilant as this precedent works through the NLRB and the courts and should be prepared to modify policies and procedures as necessary.
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July 1, 2014
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Kutak Rock attorney Mark Lasee has authored an article, "Debt Piling Up In Argentina" (Arizona's Record Reporter newspaper, July 2014) which discusses a recent U.S. Supreme Court ruling involving Argentina—and that country's effect on the world market. The article unfolds the Argentina's continuing efforts to avoid paying nearly $2 billion in debt issued to bondholders over the last decade. A significant retaliatory backlash may begin to surface that could affect Argentina's standing in the U.S. and global financial markets.
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July 1, 2014
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On June 30, 2014, the Supreme Court ruled that under the Religious Freedom Restoration Act, closely-held for-profit corporations are not required to pay for contraceptives if doing so would violate the corporation’s sincerely held religious beliefs. For more information on the major parts of the decision and its impact on employers, please read our client alert.
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June 26, 2014
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On June 25, 2014, the U.S. Supreme Court issued its long-awaited ruling in Fifth Third Bancorp v. Dudenhoeffer, a case involving an ESOP fiduciary’s duties in deciding to sell or hold employer stock in an ESOP. For additional information, please read our client alert.
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June 25, 2014
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The California Supreme Court recently issued its long-awaited and impactful decision in Iskanian v. CLS Transportation LLC S20432 (June 23, 2014). The central issue in the case is whether in California mandatory class and representative action waivers in employment arbitration agreements and contracts are enforceable. For more information, read our client alert.
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June 24, 2014
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This Client Alert is about an important recent Sixth Circuit opinion finding that False Claims Act (FCA) retaliation claims were not covered by an employment agreement’s mandatory arbitration provision. As one of the only opinions on the topic, the ruling could diminish the effectiveness of mandatory arbitration provisions in employment agreements, especially given the rapid rise of FCA retaliation claims. Given such decisions, close work with your Kutak Rock attorneys will become ever more crucial to ensure that your mandatory arbitration provisions are read to cover those claims and many others.
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June 20, 2014
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On June 19, 2014 the United States Supreme Court held that First Amendment protections extend to public workers who provide subpoenaed testimony. For more information, read our client alert.
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June 20, 2014
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June 17, 2014
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Kutak Rock attorney Matthew Sgnilek has published an article titled "’Tis the Season for Summer Interns: Paid or Unpaid?" on the HRWebAdvisor website.
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June 12, 2014
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