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Articles by Connie N Bertram
Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties
In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section 203, finding there was a good-faith dispute about whether Hill was properly classified as an independent contractor of Walmart. The Facts Hill provided modeling services to Walmart for a total of 15 non-consecutive days in 2016 and 2017.
Breaking SCOTUS News: Supreme Court Bans Recovery For Emotional Damages For Four Federal Discrimination Statutes
Earlier today (April 27, 2022), the United States Supreme Court, in a 6-3 ruling, upheld the dismissal of a disability discrimination case between Texas physical therapy practice, Premier Rehab Keller, and Jane Cummings, a legally blind and deaf patient of the practice. The Court affirmed the Fifth Circuit's ruling that Cummings could not sue for emotional damages under the Affordable Care Act ("ACA") or the Rehabilitation Act, two federal laws prohibiting discrimination based on disability.
Court Awards NuVasive $1.6 Million For Employee Non-Compete Breach
United States: Court Awards NuVasive $1.6 Million For Employee Non-Compete Breach 31 March 2022 Bertram LLP On March 28, 2022, Judge Denise Casper of the District of Massachusetts awarded NuVasive, Inc. $1.6 million in damages after finding that the defendant, a former employee of NuVasive, Timothy Day, breached his non-compete and non-solicitation clauses in his employment agreement with NuVasive.
Take Two: SEC Reopens Proposed Rule On Executive Compensation Disclosures
United States: Take Two: SEC Reopens Proposed Rule On Executive Compensation Disclosures 31 January 2022 Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. Yesterday, the SEC reopened for comment a Dodd Frank-era proposed rule that would allow investors to more easily compare the compensation of public company executives to shareholder returns. The SEC originally opened the proposed rule – dubbed the "pay versus performance" rule – in 2015.
Hertz Settles With Former GC In Clawback Litigation, But Claims Against Former CEO Are Proceeding
United States: Hertz Settles With Former GC In Clawback Litigation, But Claims Against Former CEO Are Proceeding 27 January 2022 Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. Hertz and its former General Counsel entered into a settlement agreement resolving Hertz' claims seeking the clawback of $56 million in incentive and severance pay he received prior to the discovery of financial misconduct.
Boyd Gaming Fines Provide Lessons To Corporate Boards Concerning The Handling Of Sexual Harassment Allegations And Investigations
United States: Boyd Gaming Fines Provide Lessons To Corporate Boards Concerning The Handling Of Sexual Harassment Allegations And Investigations 04 January 2022 Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. Last week, Boyd Gaming agreed to pay $150,000 to the Indiana Gaming Commission (IGC) for failing to disclose an internal investigation of sexual harassment allegations that resulted in the resignation of long-time General Counsel Brian Larson.
What Counts as an “Adverse Employment Action” in Discrimination and Retaliation Cases?
Monday, November 22, 2021 When an employee experiences discrimination or retaliation at work it often takes the form of significant action, such as a termination, demotion, or suspension, all of which clearly represent an “adverse employment action” under relevant anti-discrimination and retaliation laws. But many times the retaliation and discrimination take subtler forms including a “death by a thousand cuts” approach.
"Morning Show" Redeux: Hubbard Accused Of Allowing "Sacred Cow" Host To Harass Co-Host And Station Employees
United States: "Morning Show" Redeux: Hubbard Accused Of Allowing "Sacred Cow" Host To Harass Co-Host And Station Employees 03 November 2021 Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. Radio personality Melissa McGurren has sued her former employer, Hubbard Radio, for gender discrimination and retaliation and for defaming her by portraying her as a liar to protect her former co-host, Eric Ferguson, from sexual harassment accusations.
The SEC Jumps Into The Mix Of Claimants And Investigators Challenging Activision Blizzard's
United States: The SEC Jumps Into The Mix Of Claimants And Investigators Challenging Activision Blizzard's "Frat Boy" Environment 28 September 2021 Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. Activision Blizzard, the gaming giant that created Call of Duty and Candy Crush, is facing a veritable blizzard of legal challenges from individual claimants and state and federal agencies.
UnitedHealth Group And Others Slapped With A Class Action Lawsuit For Allegedly Entering Into No-Solicitation Conspiracy
United States: UnitedHealth Group And Others Slapped With A Class Action Lawsuit For Allegedly Entering Into No-Solicitation Conspiracy 25 August 2021 Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. In a recent post, we highlighted two recent criminal cases brought by the Department of Justice. One of those cases is back in the news as a consequence of a civil class action.
Dentons Dispute With Former Partner Headed To Arbitration (Again)
United States: Dentons Dispute With Former Partner Headed To Arbitration (Again) 24 August 2021 by Connie Bertram (Washington, DC) Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. For the past three months, Global powerhouse Dentons has been embroiled in a nasty public dispute with a former partner concerning a $34 million contingency fee.
D.C. Court Of Appeals Rules That Forfeiture Provision In Law Firm Operating Agreement Violates Rule 5.6
United States: D.C. Court Of Appeals Rules That Forfeiture Provision In Law Firm Operating Agreement Violates Rule 5.6 04 March 2021 by Connie Bertram and D'Ontae Sylvertooth Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. On February 4, 2021, the D.C. Court of Appeals ruled in favor of a former partner concerning the equity interest owed to her upon exiting her law firm. The dispute in Jacobson Holman, PLLC v. Gentner, 19-cv-830 (D.C. App. Feb.
ABA Formal Opinion 495 Addresses Unauthorized Practice Of Law By Remote Attorneys
United States: ABA Formal Opinion 495 Addresses Unauthorized Practice Of Law By Remote Attorneys 09 February 2021 Bertram LLP To print this article, all you need is to be registered or login on Mondaq.com. As a consequence of the COVID-19 pandermic, most attorneys have been working remotely since March or April of last year. In many instances, remote attorneys have been in the uncomfortable position of working from jurisdictions where they are not admitted to practice law, raising ethics concerns.
DOL Settles Gender Pay Discrimination Allegations against Boehringer | JD Supra
The Department of Labor (“DOL”) settled a claim of gender pay discrimination against Boehringer Ingelheim Animal Health USA Inc., a pharmaceutical company, on August 18, 2020. The Office of Federal Contract Compliance Programs (“OFCCP”) investigated allegations that Boehringer paid female scientists and technicians less than males in the same positions at a facility in St. Joseph, Missouri where the Company manufactures biological animal vaccines.
DOL Settles Gender Pay Discrimination Allegations against Boehringer
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New Executive Order Lays the Groundwork for Restrictions on the Use of Foreign Labor in Performing Federal Contracts | JD Supra
On August 3, 2020, President Trump issued an Executive Order titled “Aligning Federal Contracting and Hiring Practices with the Interests of American Workers,” signaling that the administration may seek to limit the ability of federal government contractors and subcontractors to use H-1B visa holders and other temporary foreign laborers on federal government contracts.
Virginia Leads the Pack by Adopting COVID-19 Workplace Safety Rules | JD Supra
On July 15, 2020, the Virginia Department of Labor and Industry’s Health and Safety Codes Board (“Board”) voted 9-2 to adopt emergency temporary standards designed to prevent the spread of COVID-19 in the workplace. As businesses slowly reopen around the U.S., Virginia is the first jurisdiction in the country to adopt a COVID-19 workplace health and safety standard.
Virginia Leads the Pack by Adopting COVID-19 Workplace Safety Rules
July 17, 2020 Striking for Black Lives While Striking a Balance Between Business... by: Jeanine M. Gozdecki Short but Painful: Caliber Home Loans Roughed Up in Brief Robocall... by: Eric J. Troutman Pedal to the Metal: 15 States and D.C. Seek to Achieve 100% Zero... by: Julius M. Redd and Daniel B. Schulson DOL Publishes New FMLA Forms, Signals More to Come with Expansive... by: Catherine A. Cano European Court Invalidates Data Privacy Shield Relied On By U.S.... by: Brian J. McGinnis and Jason A.
OFCCP Touts the Success of its Early Resolution Procedures | JD Supra
To increase its efficiency in ensuring the regulatory compliance of supply and services contractors, the OFCCP implemented Early Resolution Procedures (ERP) in 2018. The ERP allows contractors to proactively correct violations during compliance evaluations and quickly enter into agreements with the OFCCP without incurring the time and expense of a full compliance evaluation.
ALJ Denies Contractor’s Bid for Summary Judgment But Disapproves OFCCP’s Open-Ended Pay Discrimination Claim | JD Supra
On June 24, 2020, a Department of Labor Administrative Law Judge (ALJ) denied J.P. Morgan Chase & Co.’s motion for summary judgment seeking to dismiss an OFCCP enforcement action. The ALJ’s decision was preliminary in nature, but contains important guidance on the temporal scope of OFCCP’s compliance reviews and the agency’s ability to prosecute alleged pay discrimination that allegedly occurred years after the two-year compliance review period.
ALJ Denies Contractor’s Bid for Summary Judgment But Disapproves OFCCP’s Open-Ended Pay Discrimination Claim
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
OFCCP Releases FAQ Guidance on VEVRAA Focused Reviews | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OFCCP Releases FAQ Guidance on VEVRAA Focused Reviews
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
Virginia Increases its Minimum Wage and Creates New Wage and Hour Claims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Virginia Increases its Minimum Wage and Creates New Wage and Hour Claims
March 09, 2021 Climate Change: A Policy Driver in Agency Decision Making [VIDEO] by: Jeffrey R. Holmstead and Ann D. Navaro New Hampshire v. Massachusetts: Potential for Remote Working Tax... by: Sam Megally and Cindy Ohlenforst Keeping the Cap On the Policy: Unreasonable Conduct Is a Necessary... by: Jared K. LeBeau PREP Act and COVID-19 Vaccinations: Health and Human Services... by: Joseph J. Lazzarotti and Jessica M. Marsh California Meal Break Requirements: Donohue v. AMN Services, LLC [...
OFCCP Issues Three Directives to Advance Director Leen’s Efficiency and Transparency Agenda | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OFCCP Issues Three Directives to Advance Director Leen’s Efficiency and Transparency Agenda
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
Virginia Passes Significant Changes to State Employment Discrimination Law | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Virginia Passes Significant Changes to State Employment Discrimination Law
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
Summary Judgment Decision in Long-Running Erhart SOX Case Limits the Scope of Protected Activity Under SEC Books and Records and Internal Controls Rules | Polsinelli - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Summary Judgment Decision in Long-Running Erhart SOX Case Limits the Scope of Protected Activity Under SEC Books and Records and Internal Controls Rules
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
OFCCP/NILG Compensation Roundtable Highlights Contractors’ Concerns with OFCCP’s Compensation Evaluations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OFCCP/NILG Compensation Roundtable Highlights Contractors’ Concerns with OFCCP’s Compensation Evaluations
March 02, 2020 FDA Launches Limited Pilot Program For Interactive 510(K) Application by: Lynn C. Tyler, M.S. Who Will Bear the Risk and Cost for Coronavirus Construction Delays?... by: Peter E. Strniste Jr. OFCCP/NILG Compensation Roundtable Highlights Contractors’ Concerns... by: Connie N Bertram and Jack Blum Coronavirus – Further Updates on Travel Impact by: Danielle A. Porter Delaware Holds That Directors May Choose Lower Value All-Cash Deal... by: Lisa R.
Craig Leen to Depart as OFCCP Director
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
OFCCP Proposes Rulemaking to Codify Compliance Evaluation Procedures | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
SDNY Rejects Director Liability for Sarbanes-Oxley Whistleblower Claims, Creating a Split Among Federal District Courts | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
SDNY Rejects Director Liability for Sarbanes-Oxley Whistleblower Claims, Creating a Split Among Federal District Courts
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
OFCCP Proposes Rulemaking to Codify Compliance Evaluation Procedures
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
OFCCP Disclaims Jurisdiction Over Participants in the Defense Department’s SkillBridge Job Training Program | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OFCCP Disclaims Jurisdiction Over Participants in the Defense Department’s SkillBridge Job Training Program
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
OFCCP Breaks Record With Over $40M in Settlements in 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OFCCP Breaks Record With Over $40M in Settlements in 2019
Samuel Long is an associate in the Employment Disputes, Litigation and Arbitration practice group. Sam represents corporate clients and individuals in a variety of industry sectors in all aspects of labor and employment law, including representation before administrative agencies and litigation in state and federal court. Clients rely on him for valuable legal counsel as they face sensitive workplace issues.
Protected Activity or Terminable Misconduct? — Government Contractor Update | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Self-Help Discovery by Whistleblowers: Protected Activity or Terminable Misconduct?
Thursday, October 24, 2019 It has become almost routine for employees pursuing whistleblower and other employment-related claims against their employer to engage in "self-help discovery," using their access to files and databases to collect and gather, in violation of company policy, documents and data relating to their claims.
OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
OFCCP Announces Three Multimillion Dollar Bias Settlements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OFCCP Announces Three Multimillion Dollar Bias Settlements
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act
Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions.
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