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Executive Risk News

beef

Where’s the beef?

The Justice Dept. has sued Nebraska Beef Ltd. for failing to comply with the terms of a settlement agreement that the parties entered to resolve a civil rights investigation.
A pregnant woman working in the office

Accommodating pregnant employees can be a balancing act

Employers must also take into consideration state laws, which can be broader than the 1987 Pregnancy Discrimination Act or the parts of the Americans with Disabilities Act that pertain to pregnancy, and they should beware of potential liability for retaliation claims under the Family and Medical Leave Act, Advisen panelists said.
Kevin lacroix

Thinking about DOJ directive targeting corporate execs

Unfortunately, the DoJ’s policies are structured in order to encourage companies to sacrifice the individuals in order to protect the companies. A practical consequence of this may be that the company will feel compelled to step away from its obligations to its executives to advance defense expenses.
Marsh200x200

Marsh sees 1H limits rise for transactional coverage

Private equity firms accounted for 73 percent of the $4.05 billion in limits of the insurance—including warranty and indemnity or representations and warranties policies—as they seek ways to reduce indemnity requirements when buying and make clean exits when selling, the broker said.
uber

Class action status granted to Uber drivers in California lawsuit

US District Judge Edward Chen in San Francisco issued the ruling Aug. 31, increasing potential damages in what has become a litmus-test case on worker classification and the technology-based companies that rely on contractors for whom they do not have pay minimum wage, overtime pay or expenses, including social security contributions, and other costs.
ral

What the Browning-Ferris decision may forecast for wage and hour law

Even though the NLRA and the FLSA embody different tests for identifying employer-employee relationships (common law v. economic realities), the Wage and Hour Division will undoubtedly cite the NLRB’s expanded view of who can be a “joint employer” to support the Wage and Hour Division’s expected further efforts to expand the range of parties that may be found responsible for wage and hour violations.
dollogo

Next on DOL’s agenda: Mobile-device use outside work hours

For FLSA purposes, employers are required to count such time for compensation purposes if they “knew or should have known” the non-exempt employees were engaged in such work-related activities, regardless of whether they actually asked the employees to perform such tasks. Looking the other way can create real liability, and this issue may become the next wave of wage and hour class action lawsuits.