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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.
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.

Client Alert
June 20, 2014

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.

Client Alert
March 14, 2014

On March 4, 2014 the United States Supreme Court held that “whistleblower” protection under the Sarbanes-Oxley Act of 2002 extends to the employees of a public company’s private contractors and subcontractors.

Client Alert
December 2, 2013

Kutak Rock attorney Matthew Sgnilek has published an article concerning the Uniformed Services Employment and Reemployment Rights Act (USERRA). The article, posted November 25, 2013 on the HRWebAdvisor website, discusses the winding down of U.S. overseas military engagements and the increased focus on USERRA as a result.

Article
October 1, 2013
July 1, 2013

On Monday, June 24, 2013, a sharply divided Supreme Court made it harder for employees to win discrimination and retaliation suits against their employers. In a pair of 5-4 decisions, the Court limited how juries can decide retaliation lawsuits, requiring victims to prove employers would not have taken action against them “but-for” their intention to retaliate. The Court also held a person must be able to hire and fire someone to be considered a supervisor in discrimination lawsuits.

Client Alert
May 10, 2013
May 10, 2013
In a 4-3 split decision, on May 3, 2013 the Nebraska Supreme Court in Fisher v. Payflex Systems USA, Inc. held that paid time off (PTO) is the same as accrued but unused vacation that must be paid upon separation of employment under the Nebraska Wage Payment and Collection Act (the Act).
Client Alert
May 10, 2013
On March 27, 2013, in a 5-4 decision of a very divided bench, the U.S. Supreme Court held plaintiffs in a class action must demonstrate damages attributable to a class-wide injury may be measured on a class-wide basis to qualify for certification.
Client Alert
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