Dealing with Problem Employees and Employee Problems: What Employers Need to Know

  cubical Employees are only human — misconduct, theft, harassment, discrimination, and even criminal conduct are a fact of life, even in the workplace.  Companies confronted with allegations of workplace misconduct must consider the manner of responding to the allegations and the means by which they will be investigated. View Full Post
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Fifth Circuit Finds Ambiguous Complaint Indicates a Broad Class Definition Which Defeats CAFA’s Local Conroversy Exception

Arbuckle Mountain Ranch of Tex., Inc. v. Chesapeake Energy Corp., 810 F.3d 335 (5th Cir., 2016). The Fifth Circuit found that in an ambiguous complaint suggesting two class definitions (one a narrow definition, the other a broad definition), if the pleading taken as a whole indicates a broader definition, it should be assumed that the plaintiff intended to define a broader class. View Full Post
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ALERT: Senate Confirms Acosta As Secretary of Labor

Today the U.S. Senate approved Alexander Acosta as Secretary of the U.S. Department of Labor by a vote of 60-38.  Click here to read more background information on Acosta.  Acosta’s nomination was previously approved by the U.S. Senate Health, Education, Labor and Pensions Committee by a 12-11 party line vote in March. View Full Post
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To Plead or to Concede?…that Should Be the Question

Vlad Calina – In Bernstein v. Peoples Trust Company, the Court transmitted “a salutary message… to Class Counsel that they should not over-plead their case and that they should make appropriate admissions or concessions.”   Background The representative plaintiff successfully certified a class action on behalf of all consumers in Ontario who purchased or acquired a prepaid payment card sold or issued by Peoples Trust Company between October 1, 2007 and April 30, 2014. View Full Post
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FTC Seeks Comments On Proposed Changes to TRUSTE’s COPPA Safe Harbor Program

In a Federal Register notice, the FTC has asked for comments on intended changes to TRUSTe’s existing safe harbor program under the Children Online Privacy Protection Act (COPPA). TRUSTe proposed the changes following its settlement earlier this month with the New York Attorney General over allegations that the compliance and security company did not adequately assess whether companies certified under its safe harbor program allowed third party sites to track children. View Full Post
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Is Counting Calories a Cost or a Benefit?

This month, food industry trade groups called on the Food & Drug Administration to halt its new food labeling law requiring food establishments to publish the calorie content of menu items. Organizations like the National Grocers Association (NGA) and the National Association of Convenience Stores (NACS) continue to argue against the law. View Full Post
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