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Eighth Circuit Finds Age Ratio Provision in Collective Bargaining Agreement in Violation of Minnesota Human Rights Act.
The Eighth Circuit has held that a provision in a collective bargaining agreement requiring the employer to maintain a workforce in which at least one of every five workers is at least 50 years old violates the Minnesota Human Rights Act (the MHRA) and cannot be enforced. Ace Elec. Contractors Inc. v. Int'l Bhd. of Elec. Workers Local 292, 2005 WL 1639458 (8th Cir. Jul. 14).
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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