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Author Archives: Sylvia Hsieh

Workers alleging retaliation must meet higher burden

Workers who allege that their employer retaliated against them must meet a higher burden than merely showing that the desire to retaliate was one motivating factor, the U.S. Supreme Court ruled in a 5-4 decision that vacates a $3.4 million ...

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New rules offer bigger rewards for wellness programs

The new regulations under the Affordable Care Act allow employers to offer bigger rewards for workplace wellness programs that incentivize employees to improve their health, but the rules fail to give guidance on whether such programs could run afoul of ...

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Employers regrouping post-DOMA

Now that the U.S. Supreme Court has ruled that the federal Defense of Marriage Act’s refusal to recognize state same-sex marriages was unconstitutional, employers are scrambling to figure out how far they have to go in changing their employee benefit ...

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Employers told DOL could pay impromptu visit

All in attendance sat up and took notice when midway through a three-day conference on employment compliance, a branch chief of the U.S. Department of Labor’s enforcement division said that the agency expects to increase on-site investigations into whether companies ...

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Malpractice claim vs. accountant time-barred

The owners of a company who sought second opinions from tax experts after disagreeing with their accountant’s advice were time-barred from suing the accountant for malpractice, the 1st U.S. Circuit Court of Appeals has found. 

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Caution urged over program for undocumented workers

A new program that allows certain undocumented immigrants to receive temporary work authorization is not on most employers’ radar screens even though they can get into trouble if their employees file under the program.

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Supreme Court: criminal fines must be decided by jury

Like other factors that increase a criminal defendant’s sentence, facts that determine the amount of criminal fines imposed on a defendant must be decided beyond a reasonable doubt by a jury, the U.S. Supreme Court has ruled in a 6-3 ...

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