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Wage and Hour: Ninth Circuit Strips Insurance Adjusters of Big Award

The U.S. Ninth Circuit Court of Appeals, which covers California, has ruled that insurance adjusters for Farmers Insurance Exchange qualified for the administrative exemption from overtime, according to the standards under the federal Fair Labor Standards Act. In so ruling, the appeals court threw out a $52.5 million judgment awarded by a federal trial court […]

The Number One Lesson in Business

Recently, I spoke to a group of Vanderbilt University students. The university has a class for aspiring entrepreneurs that regularly brings in business owners to share their professional experiences. When I inquired what it was they would like me to speak about, my instructions were to “just tell your story and share the lessons you’ve […]

Georgia: Noncompetes Become More Salvageable

by David C. Hagaman, Ford & Harrison LLP Republicans won every Georgia statewide office and picked up one congressional seat from the Democrats. The most significant vote was the passage of a constitutional measure that gives Georgia courts the right to rewrite restrictive covenants in employment agreements without striking down the entire pact. The new […]

Employers Will Bear Burden of Filling Reform Fund to Stabilize Individual Market

Employers that sponsor health plans are bracing themselves for a significant tax hit under health reform. Health reform’s transitional reinsurance program, which will require insurers and self-funded plans to pay billions of dollars to partly reimburse commercial insurers writing individual policies for patients with very high medical costs, imposes large costs on employers to further […]

Terminating Older Workers: New Regulations Clarify Rules For Waivers Of Age Bias Claims; Do Your Releases Pass The Test?

When you ask an employee 40 years old or over to sign a severance agreement that includes a release of potential age discrimination claims, there’s an array of strict requirements that must be met. For many employers, figuring out how to comply with these rules has been confusing-especially in cases of downsizing through group terminations […]

News Notes: Staff Attorneys Sue EEOC For Age Bias

The Equal Employment Opportunity Commission, the agency charged with enforcing federal anti-discrimination laws, has been sued for age bias by three of its former staff attorneys in Atlanta. Maureen Malone, 56, and William Outlaw, 62, claim they were forced into retirement after being given a choice of transferring to other offices or being terminated. And […]

News Notes: Cop’s Sexually Explicit Videos On Internet Amounted To Protected Speech

San Diego police officer John Roe claimed his free speech rights were violated when he was fired for selling sexually explicit videos of himself on the Internet. The Ninth Circuit explained that a public employee’s speech is protected and cannot be abridged without good cause when it touches on a matter of “public concern” rather […]

HHS Touts the Progress of No More Limits Under Health Care Reform

Approximately 105 million Americans now have health coverage without lifetime limits on benefits — including 95 million individuals with employer-sponsored health coverage — due to health care reform requirements, according to a new report by the U.S. Department of Health and Human Services (HHS). The Affordable Care Act prohibits health plans renewing on or after […]