Regions

In Re Chipotle Mexican Grill, Inc.: The Tenth Circuit Permits A Company-Wide FLSA Collective Action To Proceed Under The Spurious Action Approach to Facilitate Notice

In Re Chipotle Mexican Grill, Inc.: The Tenth Circuit Permits A Company-Wide FLSA Collective Action To Proceed Under The Spurious Action Approach to Facilitate Notice

In In re: Chipotle Mexican Grill, Inc., Case No. 17-1028 (10th Cir. March 27, 2017), the Tenth Circuit Court of Appeals reiterated its holding in Theissen v. GE Capital Corp., 267 F.3d 1055 (10th Cir. 2001), that a district court may utilize a variety of approaches to identify similarly situated workers for purposes of authorizing facilitated notice in FLSA collective actions.

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Comments invited on draft guidelines for procurement of wind power through bidding

With India presently having a wind power installed capacity of around 32GW, the Ministry of New and Renewable Energy (“MNRE”) has invited comments on the draft guidelines for procurement of wind power through bidding. The draft guidelines have been formulated to promote competition and transparency through the process of bidding as required in terms of section 63 of the Electricity Act, 2003. The draft guidelines identifies the participants in the bidding process and outlines the pre-bid and post-bid activities and documentation to be fulfilled while undertaking the bidding process. A copy of the draft guidelines can be found here. Comments are requested by April 21, 2017.

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Chambers and Partners Europe Ranks Lidings Among the Top Legal Advisors in Russia 2017

The results of the best law firms’ research annually conducted by the Chambers and Partners Europe once again demonstrate Lidings’ top positions as the leading legal advisor in the areas of Dispute Resolution, Corporate and M&A, and Life Sciences in Russia.

The newly released rating publishes feedback of one of the Lidings clients on his experience of working with the firm’s Dispute Resolution practice team stating that: «They were very confident in hearings, they had all the answers to defend their positions». «Detailed analysis of every situation means they always get the right result», – another client says.

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Seventh Circuit is First Federal Appeals Court to Hold Sexual Orientation Discrimination Covered by Title VII

In a landmark decision, the U.S. Court of Appeals for the Seventh Circuit, sitting en banc, held that discrimination on the basis of sexual orientation is covered under Title VII of the Civil Rights Act’s protections against discrimination on the basis of sex.

In Hively v. Ivy Tech Community College of Indiana, Kimberly Hively, a lesbian part-time professor at Ivy Tech, applied for but was denied several full-time positions with the college. After her employment was later terminated, she filed a lawsuit alleging that she was denied promotion and then terminated because of her sexual orientation. The lower courts held that they were bound by Seventh Circuit precedent to rule that sexual orientation was not a protected category under Title VII. On July 28, 2016, a three-judge panel of the Seventh Circuit held that sexual orientation discrimination is not sex discrimination. The Seventh Circuit agreed to hear the case en banc with all 11 judges.

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Chipotle Defeats Class and Collective Certification

Our colleague Adriana S. Kosovych, associate at Epstein Becker Green, has a post on the Hospitality Employment and Labor blog that will be of interest to many of our readers: “Chipotle Exploits Wide Variation Among Plaintiffs to Defeat Class and Collective Certification.

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Thinx Again: Another Start-Up In Trouble After Prioritizing Culture Over HR

In the latest HR headline from the start-up world, the offending executive doesn’t fit the typical mold, but the lesson remains the same: don’t ignore human resources.

Miki Agrawal, the self-proclaimed “SHE-eo” of THINX, and her “boundary pushing” workplace demeanor are the focus of a New York City Commission on Human Rights complaint by the former head of public relations, Chelsea Leibow. Leibow alleges that Agrawal created a hostile work environment through her constant discussion of sex, nudity around employees, and inappropriate touching of employees’ breasts.

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North Carolina: Lawmakers begin budget negotiations with a $552 million surplus

For tax years beginning on or after January 1, 2017, the Tar Heel state’s corporate and personal rates are set to drop, from 4 to 3 percent, and 5.75 percent to 5.49 percent, respectively. These reductions, contingent on hitting certain revenue growth targets, were part of the tax reform package passed in 2013, the Tax Simplification and Reduction Act.
The state’s current fiscal situation is strong. There is a $552.5 million surplus, and consensus projections from the Fiscal Research and the Office of State Budget and Management that anticipate stable, modest growth during the next biennium.
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Texas: Proposal to cap property tax increases proceeds out of the Senate

When Texas Gov. Greg Abbott gave his state-of-the-state speech earlier this year, he lamented the fact that “Texans are being crushed by property taxes,” and declared that they “should not stand for it.” Pointing out that “[p]roperty owners are not renting their land from the city,” he reasoned that the state needs “property tax reform that prevents cities from raising property taxes without voter approval. We need serious property tax reform with a real revenue cap.”

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Ohio: Transportation bill moves from legislature to Gov. Kasich

Lawmakers have passed HB 26, a transportation budget for fiscal years 2018 and 2019. It provides for $7.7 billion over the biennium, most of which is to come from motor vehicle fuel taxes and fees, and not the general revenue fund.
Allocations are set forth as follows:
  • The bulk of the funding, or $6.5 billion, to the Ohio Department of Transportation, for highway construction and maintenance;
  • $1.17 billion to the Department of Public Safety, for criminal and traffic law enforcement, driver licensing, motor vehicle registration and titling, disaster response and recovery, and traffic safety and education program administration;

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Video criticizing financial institution will not have to be removed from Youtube

In a recent decision, the São Paulo Court of Justice denied a request from Banco Bradesco requesting the removal of video published on Youtube containing criticism of the investment fund of the financial institution.

According to the decision, the Rapporteur considered that the criticism made in the video did not exceed the limits of the legitimate exercise of the right to free expression of thought guaranteed by article 5, item IV of the Federal Constitution, since the consumer has the right to expose Dissatisfaction with the services provided by the bank. Moreover, according to the Rapporteur, consumer criticism does not offend the objective honor of Banco Bradesco, since it is one of the largest private banks in the country.

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