On April 9, 2012, the New Jersey Appellate Division overturned a jury award of $3.6 million to a plaintiff who previously had convinced a jury that he was terminated for complaining about his reduced commissions, in violation of the Conscientious Employee Protection Act (CEPA), rather than—as the employer claimed—for his inappropriate emails. Powell v. Wachovia Corporation et. al., A-1727-10T4 (N.J. App. Div. Apr. 9, 2012). In overturning the jury award, the Appellate Division held that the plaintiff’s retention of counsel and his objection merely sought to vindicate a personal right (a contract dispute) which did not serve a public purpose necessary to state a claim under CEPA and that the plaintiff did not have a reasonable objective belief that his commission reduction was “fraudulent, deceptive, or unlawful.”
Due to factors such as China’s rapid economic development, a disconnect between legislation and enforcement, the country’s historic reliance on personal connections (or guanxi) to do business, and idiosyncratic local regulations available only in Chinese, many Western-headquartered companies with operations in the People’s Republic of China (PRC) remain blissfully unaware of some unique risks. For example, local regulations imposed certain obligations on employers to provide small bonuses and accommodations to employees who presented a certificate of compliance with the one-child policy (now that the policy is being phased out as of 2015, the status of such perks is up in the air).
Immediate Relatives of U.S. Citizens May Soon Apply for Provisional Unlawful Presence Waivers in the United States
According to a final regulation, published on January 3, 2013, the U.S. Citizenship and Immigration Services (USCIS) has established a new process for certain individuals to apply for provisional unlawful presence waivers within the United States. Beginning March 4, 2013, USCIS will begin accepting applications for provisional waivers of unlawful presence from certain immediate relatives
This morning, the Supreme Court of the United States heard 90 minutes of oral argument in a landmark case regarding the constitutionality of President Obama’s January 4, 2012 “recess appointments” to the National Labor Relations Board (NLRB). If the Court adopts the decision of the U.S. Court of Appeals for…..