Douglas McSwain is a member of the Firm’s Litigation & Dispute Resolution Service Team. He has been a litigator, legal advisor, speaker, and writer for more than 30 years. He concentrates his practice in constitutional law ...
By: Douglas L. McSwain
The United States Department of Justice (DOJ), Criminal Antitrust Division, continues to prosecute ‘no-poach’ and ‘wage fixing’ conspiracy cases, often naming Human Resource (HR) Professionals and C-suite officers as co-conspirators at the center of alleged antitrust violations. With potential fines up to ...
Certain individuals and businesses can now enjoy liability protection from COVID-19 related claims. Senate Bill 5, which protects qualifying Kentucky businesses, schools and individuals from liability for claims relating to the COVID-19 pandemic, was officially enacted into Kentucky law earlier this week. Wyatt attorneys, Douglas L ...
On October 2, 2017, the Supreme Court of the United States heard three combined cases raising an important legal question that likely will affect innumerable employment contracts used in this country. The Court heard Epic Systems Corp. v. Lewis, Ernst & Young, LLP v. Morris and National Labor Relations Board (NLRB) v. Murphy ...
By Douglas L. McSwain and Michael D. Hornback
Every business would like to avoid class actions. Even if an individual class plaintiff’s damages are small, aggregated damages across a sizable class can be staggering. Of late, businesses have utilized a defense strategy to offer the individually named class plaintiff(s) all of the relief ...
On November 6, 2015, the Occupational Safety and Health Administration (“OSHA”) issued a news release that it will be accepting comments from the public on a draft document entitled, Best Practices for Protecting Whistleblowers and Preventing and Addressing Retaliation. Comments will be accepted by OSHA ...
By: Douglas L. McSwain
The employer mandate under the Affordable Care Act (ACA) has been held up again, much to the relief of many employers. While some may question the validity of the hold up, the ACA's enforcers have announced they will provide employers transitional relief by permitting the mandate to be phased-in with various stages for ...
By Douglas L. McSwain
The U.S. Department of Labor (DOL) has adopted a new final regulation that extends minimum wage and overtime protections to direct care employees of home care agencies and other third parties. Direct care workers include those who provide essential home care services such as home health aides, personal care aides, and ...
By Douglas L. McSwain
The interim Final Insurance Market Reform Rule under the Affordable Care Act (ACA) came out this past week, and included the employment non-discrimination/whistleblower protection provisions. This rule could very well become one of the most litigious employment law developments in some time. Employers are prohibited ...