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Ninth Circuit Reverses District Court Decisions, Reviving U.S. Department of Labor Rule Restricting Tip-Pool Distribution

Reversing a federal district court’s order invalidating 2011 revisions to the DOL’s tip-pool regulation, a divided Ninth Circuit held the agency acted within its authority when it promulgated the rule change. As revised, the tip pool regulation prohibits an employer from including non-tipped staff in tip pools even when it does not take the tip credit, but ...
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Every Case Is an e-Discovery Case in Today’s Litigation Environment

Lawyers routinely negotiate the scope of litigation discovery demands. One such lawyer was recently faced with a wildly broad discovery demand for relevant emails from the time a product was manufactured more than fifteen years ago to the present. The lawyer deftly negotiated the demand down to five years before the incident at issue and ...
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A Guide to Cyber Coverage

This article was first published in the ABA Coverage Journal July-August 2014, Vol. 24, No. 4. Unless you have been living under a rock for the past few years (without a wireless connection), you are likely familiar with the countless news stories that unfold every day reporting seemingly fantastic tales of cyber espionage, hacker attacks, ...
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Practical Tips on Creating an Effective Unlawful Harassment Policy

It has been a long time since the 1991 Clarence Thomas Supreme Court confirmation hearings brought the issue of sexual harassment to the forefront of public consciousness. Hundreds of thousands of unlawful harassment claims later,most employers have policies in place announcing their opposition to harassment and providing employees with avenues to complain and seek redress.1 Yet ...
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