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Click here for USLAW Member News!
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Launched in 2001, USLAW is an organization of independent law firms with offices throughout the United States. Through USLAW, these firms share information in order to enhance the speed, efficiency and quality of legal services provided to each member's clients. By sharing this information, USLAW firms provide high quality legal services, without unnecessary expense to the client. |
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USLAW welcomes aticles, case law, trial results and items of interest to be submitted for future e-newsletters.
Please e-mail Roger M. Yaffe with submissions
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Department of Labor Modifies "White Collar" Exemption Rules
by Tom Birchfield, Greenebaum Doll & McDonald PLLC, Louisville, KY
On Tuesday, April 20, 2004, the United States Department of Labor ("DOL") announced long-awaited changes to the regulations governing overtime eligibility under the federal Fair Labor Standards Act ("FLSA"). The new regulations, which will go into effect on August 23, 2004, constitute the first significant change to the exemptions affecting "white collar" employees since 1949.
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U.S. Supreme Court Permits Affirmative Defense for Constructive Discharge Cases
by Bob Kilgore and Foy Meyer, Cox & Smith Incorporated, San Antonio, TX
Employees who quit their jobs as a reasonable response to an abusive working environment are entitled to sue their employers for constructive discharge under Title VII of the Civil Rights Act of 1964. In Pennsylvania State Police v. Suders, No. 03-95, 2004 WL 1300153 (June 14, 2004), the Supreme Court clarified under what circumstances employers defending against such claims are strictly liable, and under what circumstances they may rely on the Ellerth/Faragher affirmative defense.
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Employers Score a Victory with the NLRB!
No Right to Have Co-Worker Present During Workplace Investigation in a Non-Union Setting
by Donna McElroy, Cox & Smith Incorporated, San Antonio, TX
On June 9, 2004, the National Labor Relations Board ("NLRB") gave employers a welcome victory by holding that non-union employees do not have the right to have a representative or co-worker present during a workplace investigation, in IBM Corp., 341 NLRB No. 148 (June 9, 2004).
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Paid Family Leave Creates New Benefits For Employees and Increased Legal Concerns for California Employers
by Cassondra Halpin, Murchison & Cumming Los Angeles, CA
On January 1, 2004, most California employees saw an increase of 8% in their state disability withholdings. This additional withholding is being used to fund California’s new Paid Family Leave program, also known as Family Temporary Disability. Beginning on July 1, 2004, nearly every California employer may see an increase in the number of employees taking leave due to a “serious health condition” of a family member or because of the birth, adoption or foster placement of a child.
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Are Medicare Set-asides Required in Cases Other than Workers’ Compensation?
Same-Sex Marriages: Massachusetts Supreme Judicial Court Ruling Enables Gay Couples to Marry
California Legislature Makes Confidentiality Provisions Difficult in Elder Abuse Cases
The HIPAA Privacy Rule Contains Estate Planning Considerations
USLAW Environmental/Toxic/Mass Tort Practice Group Fly In Meeting July 23, 2004 Hyatt Regency O'Hare Rosemont, Illinois
USLAW Midwest Region Meeting July 29, 2004 Hyatt Regency O'Hare Rosemont, Illinois
USLAW Business/Commercial/Class Action & Products Practice Group Fly In Meeting July 30, 2004 Hyatt Regency O'Hare Rosemont, Illinois
USLAW Southeast Region Meeting August 19-20, 2004 Memphis, Tennessee
USLAW Retail Practice Group Fly In Meeting August 30-31, 2004 Firestone Country Club Akron, Ohio
USLAW Transportation Seminar August 5 - 7, 2004 Omni Interlocken Hotel Broomfield, Colorado
2004 USLAW Member Meeting September 16 - 18, 2004 Westin Savannah Resort Savannah, Georgia
USLAW West Region Meeting November 12, 2004 Las Vegas, Nevada
USLAW Quail Hunt November 18 - 20, 2004 Mexico
2005 USLAW Client Conference March 10 - 12, 2005 Royal Sonesta Hotel Nw Orleans, Louisiana
Birmingham, AL Carr Allison Pugh Howard Oliver & Sisson, P.A. Phoenix, AZ Jones Skelton & Hochuli, P.L.C. Tucson, AZ Chandler & Udall, LLP
Little Rock, AR Quattlebaum, Grooms, Tull & Burrow
Los Angeles, CA Murchison & Cumming
Santa Barbara, CA Snyder Law, P.C. San Diego, CA KLINEDINST, P.C. San Francisco, CA Dillingham and Murphy, L.L.P. Jacksonville, FL Marks Gray, P.A. Miami, FL Wicker Smith O'Hara McCoy Graham & Ford, P.A. Tallahassee, FL McFarlain & Cassedy, P.A. Atlanta, GA Hall Booth Smith & Slover, P.C. Chicago, IL O'Hagan Smith & Amundsen, L.L.C. Louisville, KY Greenebaum Doll and McDonald, P.L.L.C. New Orleans, LA McCranie Sistrunk Anzelmo Hardy Maxwell & McDaniel, P.C. Boston, MA Donovan Hatem, L.L.P. Detroit, MI Clark Hill, P.L.C. St. Paul, MN Larson King, L.L.P. Gulfport, MS Carr Allison Pugh Howard Oliver & Sisson, P.A. Ridgeland, MS Copeland, Cook, Taylor & Bush, P.A. St. Louis, MO Lashly & Baer, P.C. Las Vegas, NV Jones Vargas
Albuquerque, NM Modrall Sperling
Alberston, NY Ahmuty, Demers & McManus Hawthorne, NY Traub, Eglin, Lieberman & Straus Dickinson, ND Mackoff Kellogg Law Firm Akron, OH Roetzel & Andress, LPA Oklahoma City, OK Pierce Couch Hendrickson Baysinger & Green, L.L.P. Portland, OR Williams, Kastner & Gibbs, PLLC
Pittsburgh, PA Pietragallo Bosick & Gordon Philadelphia, PA Sweeney & Sheehan, P.C. Columbia, SC Sweeny Wingate & Barrow, P.A. Charleston, SC Buist Moore Smythe & McGee, P.A. Pierre, SD Riter, Rogers, Wattier & Brown, L.L.P. Memphis, TN Martin, Tate, Morrow & Marston, P.C. Beaumont, TX Orgain, Bell & Tucker, L.L.P. San Antonio, TX Cox & Smith Incorporated Richmond, VA LeClair Ryan, P.C. Seattle, WA Williams Kastner & Gibbs, PLLC Huntington, WV Huddleston Bolen, LLP
Milwaukee, WI O'Hagan Smith & Amundsen, L.L.C.
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