California Labor Code Section 132a is a fairly straightforward statute which contains the unsurprising requirement that employers cannot discriminate against an employee because the employee has filed a workers' compensation claim. Unfortunately for employers, a series of court decisions and decisions before the Workers' Compensation Appeals Board appear to broaden...
This article will discuss the new "leave rights" this bill created for employees. The law is mainly contained in A.R.S. § 8-420 and A.R.S. §13-4439, but its references reach across many other laws, including the Employment Protection Act. The law does not specifically provide a remedy to an employee who...
Section 402 of the Sarbanes-Oxley Act of 2002 was enacted to prohibit publicly traded companies from providing personal loans to directors and executive officers. Among the reasons identified were concerns over the use of company funds to provide personal financing to insiders. This involves determining which arrangements should be considered...
On April 29, 2002, a divided United States Supreme Court held that employers are entitled to a rebut table presumption that a disabled employee's accommodation request under the ADA is unreasonable if it conflicts with the job assignment rules of an employer's seniority system. Under the ADA, employers may not...
From the executive summary: ‘The Sarbanes-Oxley Act establishes federal whistleblower protection for employees of covered companies. The legislation creates a web of complementary provisions designed to protect and encourage whistleblowers and to prevent retaliation against them. The statute requires public companies to adopt a code of business ethics and to...
From the executive summary: ‘While numerous federal and state statutes provide notice to offenders that their conduct is improper and subjects the offender to fines and criminal sanctions, whistleblower statutes also provide a system to protect those individuals who report wrongful conduct to authorities. In recent years, whistleblowers not only...
This outline describes a variety of interpretive issues addressed under Section 402 of the Sarbanes-Oxley Act of 2002. Section 402 of the Sarbanes-Oxley Act of 2002 was enacted to prohibit publicly traded companies from providing personal loans to directors and executive officers. Among the reasons identified were concerns over the...
Although common law wrongful discharge claims may text of any number of statutes that create public policy issues for the courts because of the specific problems the statutes are designed to remedy. Whistleblower statutes, on the other hand, specifically provide protection for an employee who has been retaliated against in...
This article talks about the case of Holeton v. Crouse Cartage Company. The Supreme Court of Ohio sent a troubling message to Ohio legislators and employers alike. The message to lawmakers that Ohio’s workers’ compensation subrogation statute — the law that allows the Bureau of Workers’ Compensation and self-insured employers...
An employer often faces many hurdles when deciding whether to terminate an employee. Both state and federal statutes preclude an employer from discharging an employee based on such protected status as the employee's age, race, national origin, and gender. Many statutes contain provisions stating that an employee cannot be terminated...
U.S. Court of Appeals for the Second Circuit Fifth Amendment Torture Victim Protection?Act Arar v. Ashcroft 06-4216-cv Appealed from the Eastern District ...
The tiny county that has been the eye of the storm over the raid on the Fundamentalist LDS Church's YFZ Ranch says it could go bankrupt if the state of Texas doesn't indemnify it against millions of dollars in bills. Schleicher County recently...
MARYLAND COURT OF APPEALS Professional Responsibility, Disbarment: Disbarment was the appropriate sanction for attorney who, while decertified for failure to pay Client Protection Fund assessments, continued to practice and committed serious violations of several rules of professional conduct. Attorney Grievance Commission of Maryland...
Contemplate this the next time you spend $60 or more filling up your tinny little car with gasoline made from imported oil: The U.S. government knows where it can get its hands on more untapped petroleum than exists in the proven reserves of Iran or Iraq, which have 136...
Kinship care. What is it? What's needed? What's being done? A totally new swing in child welfare is before us. In 1996, 2.5 million U.S. families were maintained by grandparents who had one or more grandchildren living with them. According to census records, this number increased 30% in the...
A new mentor at Business Mentors New Zealand gets a kick out of helping clients achieve their business goals. By Ray Schofield. "While I was setting up my own company, I sought advice from a wide variety of mentors," says new Business Mentors New Zealand business...
AS MUCH OF HEALTH CARE delivery has shifted from the inpatient to the ambulatory care setting, nurse leaders in ambulatory care are faced with an ever-increasing set of challenges. Some of the challenges include improving workflow efficiency by optimizing human and material resources in an ongoing and...
[ILLUSTRATION OMITTED] "Before relying on the material in any important matter, you should carefully evaluate its accuracy, currency, completeness and relevance for your purpose, and obtain any appropriate professional advice relevant to your particular circumstances." I...
NOT A SUICIDE PACT: THE CONSTITUTION IN A TIME OF NATIONAL EMERGENCY. By Richard A. Posner. New York: Oxford University Press. 2006. Pp. xiv, 178. $18.95. INTRODUCTION What is most remarkable about Richard Posner's (1) latest ...
Articles 2008-04-01
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