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Walmart Must Pay $16.2 Million in Gender Discrimination Trial

September 21st, 2016

A New Hampshire District Court denied Walmart’s bid for a new trial and instead awarded Plaintiff, Maureen McPadden, $16.2 million for her state and federal gender discrimination, wrongful discharge, and retaliation claims.  McPadden v. Wal-Mart Stores East, L.P., No. 14-cv-475, 2016 U.S. Dist. LEXIS 126789, at *3 (D.N.H. Sept. 16, 2016).  This came after a jury awarded Ms. McPadden over...

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Au Pairs Gaining FLSA Protection Terrifies Cultural Care, Inc.

September 15th, 2016

After suffering a bruising defeat in Colorado federal court, Cultural Care initiates a counteroffensive by filing a suit in Massachusetts District Court to preclude the recently enacted Domestic Workers Bill of Rights from applying to them.  See Complaint at ¶¶ 42-44, Cultural Care, Inc. v. Office of the Attorney Gen., No. 16-cv-11777 (D. Mass. Aug. 31, 2016). The Bill of Rights does not...

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Qualcomm Makes Moves To Chip Away At Its Glass Ceiling

September 15th, 2016

Qualcomm entered into a “literally unparalleled” pre-suit settlement to stave off a proposed gender discrimination class action.  Qualcomm agreed to pay $19.5 million to approximately 3,290 female employees and make systemic corporate changes to its policies and practices to promote equal pay and job opportunities for its female employees. This action began in October 2015 when former...

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Is It A Price Fight? Competitor’s Exclusionary Practices Subject to Rule of Reason Rather Than Price-Cost Test

September 13th, 2016

Difference Between the Price-Cost Test and the Rule of Reason. When a business complains that its competitor has illegally excluded it from the market, the court must first figure out how. Getting a sense of the methods used to restrict market access will determine which legal test to apply:  the price-cost test, typically applied in below-cost pricing cases, or the rule of reason. The choice...

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CFTC wants to protect whistleblowers against retaliation

September 12th, 2016

The Commodity Futures Trading Commission (CFTC) has proposed regulatory changes that will give the agency the enforcement authority to punish companies that retaliate against whistleblowers. Since the whistleblower program was established in 2011, whistleblowers only recourse was to initiate a retaliation claim. . In contrast, U.S. Securities and Exchange Commission (SEC) has stressed that it...

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