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Recruitment and Staffing Agency Quandaries: Avoiding Claims of Reverse Discrimination in Hiring a Diverse Workforce

An effective way to increase diversity hiring is to require diverse candidate slates for interviewing. Such slates include at least two diverse or women candidates in the pool of finalists. Employers should take heed, however, because there are limits to which a recruiter or a staffing agency can go in building such a slate. Alyesha Dotson discusses the avenues to intentionally recruit for diversity in a fair and smart manner to avoid violating antidiscrimination laws.
  




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How to Avoid a Claim of 'Pretaliation'

Jeff Nowak and Rich Falcone talk through a hypothetical HR dilemma involving a workplace complaint.

SHRM Online

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When Will a Settlement Agreement Preclude a False Claims Act Action?

A recent District of Columbia federal court ruling reminds employers that a severance agreement containing a release of claims under the False Claims Act does not guarantee dismissal of a suit on those grounds.

Background on the FCA




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SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim

  • Supreme Court decision clarifies framework for whistleblowers filing claims under the Sarbanes-Oxley Act.
  • Plaintiffs need to prove only that their whistleblower activity was a contributing factor in their termination, but still must ultimately show causation.




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Expert Insights – Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

Ben Sandahl discusses a Minnesota case that raises several issues for companies working with independent contractors.

Westlaw Today

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Connecticut Adopts Narrow Definition of “Supervisor” for Hostile Work Environment Claims

The Connecticut Supreme Court recently adopted the U.S. Supreme Court's relatively narrow definition of “supervisor” for use in determining when employers are liable under the Connecticut Fair Employment Practices Act (CFEPA) for creating or failing to remedy a hostile work environment. The decision provides employers with clarity as the term is not defined by the CFEPA.




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Third Circuit Holds Multiemployer Pension Fund Claim Cannot Be Enforced due to Unreasonable Delay in Providing Notice of Withdrawal Liability Assessment

In July, the Third Circuit upheld a District of New Jersey decision to throw out a withdrawal liability assessment, finding the multiemployer pension fund was barred from pursuing its claim because the fund unreasonably delayed notification of a withdrawal liability assessment for 12 years.

Withdrawal Liability Assessments Under ERISA




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Avoiding Whistleblower Claims In The COVID-19 Era

Jeanine Conley Daves and Alexa Laborda Nelson explain how employers can take steps to ensure they are in compliance with the recent COVID-19 relief plans and avoid potential whistleblower litigation.

Chief Executive

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Texas Expands Protections for Employees Asserting Sexual-Harassment Claims

Michael Royal and Alyssa Peterson discuss two new laws that will bring changes for employers in Texas by expanding protections for employees who assert claims of sexual harassment under the Texas Labor Code.

SHRM Online

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Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel.




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Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental Health Condition

Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because of a mental health condition (i.e., stress and depression) allegedly arising out of his termination. He claimed a 26-month notice period. The employer sought an independent medical examination (IME) of the employee pursuant to s.




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False Claims Act Retaliation in 2021

A corporate whistleblower can create more financial, organizational, and reputational damage to an employer by using the federal False Claims Act (FCA), 31 U.S.C. § 3729-33, than by using any other “whistleblower” law. While the FCA contains no requirement that the whistleblower be an employee to create the damage, most FCA whistleblowers are employees, and almost all of them bring the problem to their management or human resources department before they suffer an adverse employment action. Management often does not hear the whistle blowing when the damage is still avoidable.




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Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State Law

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records.1  Generally, an employer cannot make decisions on the basis of an arrest or conviction record unless the crimes “substantially relate” to the circumstances of the job at issue.2  For many years, the state agencies responsible for enforcing this law—the Wisconsin Department of Workforce Development (DWD) and the Labor and Industry Review Commission (LIRC)—have taken the view that crimes of domestic violen




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New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About FCRA Compliance

The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court.1  The FCRA is atypical in that FCRA claims can proceed in either federal or state court.  A new opinion from a California court of appeal in Hebert v.




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Reports About the Wholesale Demise of Claims Against Employers Under the Fair Credit Reporting Act (FCRA) are Premature

  • Lawsuits against employers under the FCRA show no signs of abating in 2023, including nationwide class actions.
  • Employers can fortify efforts to comply with the FCRA by, among other things, reviewing their policies and procedures and providing FCRA compliance training.




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Certificates of Coverage Necessary for Expatriate Workers to Claim FICA Exemption under Totalization Agreements

In an opinion issued on June 20, 2023, the United States Court of Federal Claims reminded taxpayers that they must obtain a certificate of coverage in order to claim an exemption from Social Security and Medicare taxes (FICA) under a totalization agreement.




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Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.1  One court recently recognized that “whether any benefits plan may agree to submit to arbitration and/or whether an individual employment agreement may compel claims on behalf of a benefits plan to proceed to arbitration are not issues of clearly settled law.”2  This issue is before two circuit courts of appeal this year.  So far, the court rulings in the cases seem to provide some guidance while a




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Are ERISA breach of fiduciary duty claims arbitrable?

Pamela Reynolds’ article discusses whether employers can enforce arbitration of breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2).

Benefits Pro

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Supreme Court Permits Arbitration of Individual PAGA Claims

The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).1  This decision, which is a significant win for employers with interests in California, will allow employers to compel arbitration of a PAGA plaintiff’s individual PAGA claims.




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Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims in Unionized Workplaces

The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the Tribunal had concurrent jurisdiction over employment-related human rights matters in a unionized workplace.  




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California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

  • The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA claims.




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    2023 Update on False Claims Act Risks for Healthcare Employers




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    ERISA Breach of Fiduciary Duty Claims Challenging Retirement Plan Investments and Fees




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    Navigating Montana’s Laws Regarding Vaccination Status and Discrimination and WDEA Claims




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    The Labor Dept. Wants to Revise a Trump-Era Policy on Handling of Discrimination Claims Against Contractors

    David Goldstein talks about some differences as the Labor Department proposes changes to a Trump-era rule that it says “undermined” how it handles and resolves discrimination claims by federal contractors.

    Government Executive

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    #MeToo: New York State Court Allows Actor’s Claims Against Entertainment Companies to Proceed Based on Alleged Conduct in 1995 by Weinstein

    A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.




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    Litigation Strategies to Defend Against Claims of AI Discrimination




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    Investor Alert: Investors are not required to use claims management companies to communicate with the CSA, CIRO or OBSI

    TORONTO – The Canadian Securities Administrators (CSA), the Canadian Investment Regulatory Organization (CIRO), and the Ombudsman for Banking Services and Investments (OBSI) remind investors that they all offer investors services related to claims or complaints free of charge.





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    FHN Claims D2 Boys’ Tennis State Champ Team Title; FHC Doubles Also Crowned State Champs

    According to an MLive article by Hugh Bernreuter, Forest Hills Northern High School, which was ranked sixth in the state entering the state final, surprised the field to claim the Division 2 title for the first time since winning back-to-back state titles in 2019 and 2020. The Huskies claimed a state title at No. 3 […]

    The post FHN Claims D2 Boys’ Tennis State Champ Team Title; FHC Doubles Also Crowned State Champs appeared first on Forest Hills Public Schools.



    • FHPS District News

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    Hudson, Chemours Ink Deal on Reclaimed Refrigerants

    Hudson will sell reclaimed refrigerants under the names Freon R-11, Freon R-12, Freon R-123, and Freon R-22, and use the Freon brand name in its marketing materials.





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    Law Enforcement Claims Street Gang Took Over Fire Restoration Business

    Indictment says members of the Bloods used threats of violence against other restoration firms and insurance adjusters. 




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    Business Insurance Claims Grow More Severe, Allianz Study Finds

    Higher prices, increase in natural disasters drive up losses.





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    Technology Innovations in the Insurance Claims and Restoration industry

    VP of Sales at iGuide Michael Vervena talks about how technology innovations in the restoration and insurance claims industry are making processes and procedures more efficient.




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    Navigating Cleanup and Insurance Claims After Hurricanes Helene and Milton

    After Hurricanes Helene and Milton, homeowners face the daunting task of cleanup and recovery. Industry expert Dan Mesenburg provides crucial tips to help property owners navigate the cleanup and recovery process.




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    BELFOR Franchise Group Claims Partnership Aims to Level Playing Field for Insurance Pros

    BELFOR Franchise Group announces the launch of the Claims Partnership Program, offering customized training for property claims professionals. This program aims to address the gap created by retiring veterans and new entrants in the claims industry.




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    National harmony needed in labeling and recyclability claims

    The contradictory labeling laws in California versus other states underscore the need for a more consistent and unified approach to packaging labeling regulations across the United States.




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    Environmental Claims: A Double-Edged Sword for Brand Marketing

    The regulatory landscape for environmental claims is becoming increasingly complex and inconsistent in the United States, presenting significant potential legal and reputational risks for brands attempting to market their packaging as environmentally friendly.




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    Donald Trump Claims Victory - What Comes Next

    Following his win in Pennsylvania and earlier victories in other key battleground states in Georgia and North Carolina, Republican candidate Donald Trump took to the stage shortly after in Palm Beach, Florida.

    Trump is set to become the 47th President of the United States (US) as he took an early victory lap on stage and expressed gratitude to his family, friends and team. Interestingly, alongside Grover Cleveland – the first Democrat elected following the Civil War – Trump is the second president to serve for a second non-consecutive term for four years.

    In a surprising turn, Trump’s victory speech was relatively subdued; no threats of tariffs were mentioned, and he did not refer to his opponent, Democratic candidate Kamala Harris, who postponed her scheduled speech at Howard University. ‘Winning the popular vote was very nice’, Trump said in his speech, adding: ‘America has given us an unprecedented and powerful mandate; we have taken back control of the Senate’.

    Several members of Trump’s team and friends were invited to speak on stage. His running mate, JD Vance of Ohio, thanked Trump for allowing him to ‘join you on this incredible journey’. Vance added, ‘I think we just witnessed the greatest political comeback in the history of the United States of America’.

    Dana White, the CEO of the Ultimate Fighting Championship (UFC), also addressed the nation, stating, ‘Nobody deserves this more than him [Trump]’. He remarked that Trump ‘is the most resilient man I have ever met’.

    Elon Musk, CEO of SpaceX and Tesla, also received significant praise from Trump, voicing his appreciation and calling Musk a ‘super genius’, emphasising that ‘we have to protect our geniuses’. Musk has been vocal in his support for Trump and reportedly invested over US$130 million in his campaign.

    Foreign leaders applauded Trump for his victory. UK Prime Minister Keir Starmer congratulated Trump and said he looks forward to collaborating with Trump in the years ahead. India's Prime Minister Narendra Modi took to the platform X to convey his wishes as well, emphasising his desire to strengthen the partnership between the two countries. Additionally, Israeli Prime Minister Benjamin Netanyahu described Trump's win as ‘history's greatest comeback’ in his post on X.

    What Does Donald Trump’s Victory Mean for the US?

    Donald Trump will be inaugurated on 20 January 2025 at the US Capitol building in Washington, DC. Americans can expect tax cuts, immigration controls and tariffs.

    A Trump presidency will also likely mean lower taxes, a move with plans for widespread changes to taxation, which should increase spending and spur sentiment, at least in the near term.

    In his own words, Donald Trump’s second term is expected to be ‘nasty a little bit at times, and maybe at the beginning in particular’. Trump has promised an aggressive approach towards illegal immigration in the US, which could include plans of mass deportation of undocumented migrants, noting that he ‘will launch the largest deportation program in American history to get the criminals out’.

    Trade tariffs are another one of Trump’s policies that the US economy can expect, as he is expected to increase the protectionist policies he introduced in his first term. However, as noted, he failed to address this in his victory speech today.

    Another important issue that Trump and the team must address is the debt ceiling (or debt limit), which is the maximum amount of money the US Treasury can borrow to pay its debt obligations. You may recall that the ‘statutory debt ceiling’ was suspended in early January and is due to be reinstated on 1 January 2025. This may involve the Treasury drawing on its existing cash to fulfil its short-term obligations until another suspension of the debt limit is imposed or the debt ceiling is further increased.

    Trump Trade is Alive and Kicking

    Markets responded as expected, reigniting the Trump Trade, with the US dollar (USD), US Treasury yields, US equities and digital currencies all catching a strong bid.

    Despite moderately fading session highs, the US Dollar Index is up 1.5%, which could eventually see the Index aim for June peaks at around 106.13, closely followed by 106.52, the high for the year. US Treasury yields remain underpinned, with the benchmark 10-year yield holding near session highs around 4.42% (up 3.5%).

    While commodities experienced a selloff, we have seen a modest recovery unfold, drawing spot gold (XAU/USD) and WTI oil off session lows. In the crypto space, versus the USD, Bitcoin clocked a fresh record high of US$75,415 (up 6.4%), and Ethereum is up nearly 9.0% and testing the upper boundary of a symmetrical triangle, pencilled in from US$2,062 and US$2,790.

    This article was written by FL Contributors at www.forexlive.com.




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    Acclaimed Sportscaster Rich Eisen to Host 2023 NAB Marconi Radio Awards

    WASHINGTON, D.C. -- Emmy nominated broadcaster Rich Eisen will host the 2023 Marconi Radio Awards Dinner, presented by Xperi, on October 25 during NAB Show New York. Record producer and radio host DJ Scratch, who performed at last year’s event, is back by popular demand to provide live music for radio’s biggest night of the year.




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    Time Is Running Out To Claim A Free VR Accessory For Your PlayStation 5

    When the PlayStation 5 launched, Sony provided owners of its current generation console with a free adapter so they could continue to use the company’s first-generation PS VR headset. However, this offer seems to be winding down as Sony looks to turn the page on its failed VR efforts, with the company saying that, “as of November 26th 2024,




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    RAFTR Roofing Collaborates with Westhill for Streamlining Insurance Claims

    RAFTR Roofing + Exteriors has partnered with Westhill to streamline homeowners' roofing insurance claims by offering a digital platform to connect contractors and track work, simplifying the process.




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    Project Profile: After Three Decades, Acclaimed Napa Winery Gets Roof it Deserves

    Wedge Roofing in California completed award-winning roofing work in Napa Valley in just under a week thanks to ingenious uses of spray foam and coatings.




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    Serbian Railway Station Roof Collapse Claims 14 Lives

    A roof collapse at a railway station in Novi Sad, Serbia, resulted in the deaths of 14 people, with several others injured. Rescue efforts continued throughout the night as crews worked to recover bodies from the rubble and assist survivors.




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    Zimbabwe: ICT Minister Pushes Back Claims of WhatsApp Group Fines, Clarifies PII Regulation

    [New Zimbabwe] ZIMBABWE'S Information Communications Technology Minister, Tatenda Mavetera, has described as 'false' reports claiming government is gravitating towards penalising WhatsApp group administrators, clarifying that such fines would only apply to platforms or administrators who collect Personally Identifiable Information (PII) for business or commercial use.




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    Kenya: Kenyan News Outlet Did Not Claim National Assembly Speaker Couldn't Be Minister Because of Travel Restrictions

    [Africa Check] Kenyan news outlet did not claim national assembly speaker couldn't be minister because of travel restrictions




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    Court of Federal Claims asserts more jurisdiction over OTAs

    Legal experts say a recent case before the Court of Federal Claims further cements the path for unsuccessful vendors to seek judicial relief for OTAs.

    The post Court of Federal Claims asserts more jurisdiction over OTAs first appeared on Federal News Network.