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  • Client Alert
July 31, 2014

On June 27, 2014, the U.S. Court of Appeals for the District of Columbia confirmed a company’s rights to conduct an internal investigation that is protected by the attorney-client privilege.  This decision has attracted national attention.

July 31, 2014
In May, the IRS announced that it had launched an audit initiative to gauge compliance with the rules for nonqualified deferred compensation arrangements under Internal Revenue Code Section 409A. Yesterday, we participated in a national conference with the IRS where IRS agents provided their unofficial opinions regarding the focus and applicability of the Initiative as well as other relevant matters under Code Section 409A. To learn what we learned, please read our client alert.
July 29, 2014

California employers can significantly limit their exposure to liability by ensuring compliance with IRCA’s I-9 employment authorization and document retention requirements for each employee.

July 18, 2014

On July 14, 2014, the EEOC issued new enforcement guidelines regarding the PDA and ADAAA.

July 7, 2014

The California Department of Public Health (CDPH) recently set an Maximum Contaminant Level (MCL) of 10ppb (parts per billion) for hexavalent chromium in drinking water. This MCL is the most stringent in the nation, and is much lower than what the latest research shows is needed to protect public health. For additional information, please read our client alert.

July 1, 2014

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.

July 1, 2014

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.

June 26, 2014
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.
June 25, 2014
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.
June 24, 2014

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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