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22 Mar 2019, 12:17 pm by Cynthia Marcotte Stamer
  A finding of joint employment by the NLRB results in the NLRB treating  a separate business that does not directly employ workers employed by a second business as a single employer, both of which are jointly and severally liable for complying with and breaches of NLRB rules on union organizing, collective bargaining and other NLRA protected activities even where the business is not under common ownership or control with the business that actually is the true employer of the… [read post]
19 Mar 2019, 3:25 pm by Cynthia Marcotte Stamer
  Consequently, businesses and their leaders generally will want to arrange for this work to be protected to the extent by attorney-client privilege, work product and other evidentiary protections against discovery by Department, employees or others for FLSA or other workforce enforcement actions. [read post]
7 Mar 2019, 4:40 pm by Cynthia Marcotte Stamer
  Consequently, businesses and their leaders generally will want to arrange for this work to be protected to the extent by attorney-client privilege, work product and other evidentiary protections against discovery by Department, employees or others for FLSA or other workforce enforcement actions. [read post]
30 Dec 2018, 3:03 am by Ben
In a brief comment, the attorney representing Grumpy Cat Limited stated that “Grumpy Cat feels vindicated and feels the jury reached a just verdict”.February opened with a very important decision from the 4th Circuit Court of Appeals which reversed a $25 million verdict against the US Internet Service Provider Cox Communications in what might have been seen as a defeat for record label BMG, which had sought to hold Cox liable for copyright infringement for its… [read post]
30 Oct 2018, 3:46 pm by Cynthia Marcotte Stamer
Thus, employers concerned about joint or other employer liability for collective-bargaining union organizing liabilities should comment on the proposed rule on or before December 13, 2018. [read post]
17 Oct 2018, 4:19 pm by Cynthia Marcotte Stamer
  Anthem, Inc. also separately already reportedly also has paid more than $115 million to settle other statutory and contractual liabilities arising from the breach separate as well as substantial investigatory and defense costs in addition to the HIPAA liabilities settled under the resolution agreement announced Monday. [read post]
16 Oct 2018, 3:55 pm by Cynthia Marcotte Stamer
  About The Author A practicing attorney and Managing Shareholder of Cynthia Marcotte Stamer, P.C, Cynthia Marcotte Stamer’s more than 30 years’ of leading edge work as an practicing attorney, author, lecturer and industry and policy thought leader have resulted in her recognition as a “Top” attorney in employee benefits, labor and employment and health care law. [read post]
27 Sep 2018, 7:10 am by Jordan M. Asch
One underused provision in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) makes Environmental Protection Agency (EPA) Superfund Special Accounts available for reimbursement to Bona Fide Prospective Purchasers (BFPPs). [read post]
12 Sep 2018, 6:41 am by Cynthia Marcotte Stamer
Stamer also is a highly popular lecturer, symposia chair and author, who publishes and speaks extensively on health and managed care industry, human resources, employment and other privacy, data security and other technology, regulatory and operational risk management for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law… [read post]
31 Jul 2018, 9:09 pm by Cynthia Marcotte Stamer
   The indictment charges that during 2008 to 2015, Bayside accrued employment tax liabilities of more than $1 million and that Semma withheld those taxes from the pay of the restaurant’s employees. [read post]
5 Jul 2018, 11:50 am by Cynthia Marcotte Stamer
Employer Responsibility to Protect Workers Protecting workers from extreme heat generally is part of the responsibility of an employer to provide a safe workplace under the Occupational Health & Safety Act (OSHA) and state occupational health and safety statutes. [read post]
21 Jun 2018, 8:37 pm by Kevin LaCroix
Paul Lockwood Arthur Bookout Among the most crucial issues in the world of directors and officers liability are the related questions of indemnification and advancement. [read post]