Mondaq USA: Employment and HR > Employment Litigation/ Tribunals
Littler Mendelson
In the past two years, more than 16 prominent colleges and universities across the country have been targeted by class action lawsuits filed under the Employee Retirement Income Security Act (ERISA) ...
Seyfarth Shaw LLP
Seyfarth Synopsis: A federal district court in Kansas recently granted the EEOC's motion for judgment on the pleadings in an ADA lawsuit brought against UPS and an employee union,
Duane Morris LLP
As a general rule, employers must pay non-exempt employees for all time that they work (broadly defined) and that includes getting ready for work (preliminary activities) and finishing work...
Seyfarth Shaw LLP
Seyfarth Synopsis: Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court's decision in Janus v. AFSCME.
Proskauer Rose LLP
Since December 2017, when the Board issued a number of decisions which restored precedent that had been changed in the last few years, (discussed here, here, here, and here) ...
Seyfarth Shaw LLP
Seyfarth Synopsis: In an opinion laced with frustration over a third appeal in a class action involving attorneys' fees, the Seventh Circuit ruled that an objector was entitled to recover attorneys' fees ...
Seyfarth Shaw LLP
Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous...
Orrick
California law has long prohibited harassment and discrimination based on national origin. However, articulating the distinction between race and national origin...
Drew Eckl & Farnham, LLP
Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case?
Fisher Phillips LLP
Enacted in May 2016, the federal Defend Trade Secrets Act (DTSA) created a new remedy that was not available under any state's Uniform Trade Secrets Act (UTSA) – the ex parte civil seizure.
Ogletree, Deakins, Nash, Smoak & Stewart
Many California employers round employees' clock-in and clock-out times to the closest quarter hour, tenth of an hour, or five-minute interval. This practice is commonly referred to as "rounding."
Fisher Phillips LLP
Written by Wendy McGuire Coats, Todd Scherwin and Karl Lindegren, the article, "Encino: Deference challenged & ‘fair' is back,"
Fisher Phillips LLP
Many wage laws and jurisdictions give deference to employment agreements or even past employer practices when determining when commissions are "earned" by an employee and must be "paid" by an employer.
Foley & Lardner
Last Thursday, July 26, the California Supreme Court issued an opinion concluding that coffee retailer Starbucks must pay its employees for off-the-clock duties ...
Reinhart Boerner Van Deuren s.c.
On June 21, 2018, the Fifth Circuit Court of Appeals formally vacated the Department of Labor's Fiduciary Rule, including the Best Interest Contract and Principal Transactions Exemptions, effective immediately.
Lewis Brisbois Bisgaard & Smith LLP
Embodied in the federal Fair Labor Standards Act (FLSA), the de minimis doctrine provides that employers are not required to pay employees ...
Fisher Phillips LLP
Pick a favorite flavor, abandon all beach body goals, and disregard whether it's anyone's birthday: the 2017-2018 Supreme Court term saw employers having their cake and eating it, too...
Littler Mendelson
On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall.
Ogletree, Deakins, Nash, Smoak & Stewart
On July 24, 2018, the Ninth Circuit Court of Appeals ruled in Munro v. University of Southern California, No. 17-55550, that an employer/fiduciary of a 401(k) plan cannot force a fiduciary breach claim under ERISA...
Seyfarth Shaw LLP
Seyfarth Synopsis: The Ninth Circuit declined to enforce an agreement to arbitrate ERISA Section 502(a)(2) claims, but did not rule out enforcement in other ERISA claim contexts.
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Seyfarth Shaw LLP
On February 6, 2018, Seyfarth Shaw Partner Jerry Maatman and Bloomberg Law Senior Legal Editor Perry Cooper presented a timely event on "Top Trends In Workplace Class Action Litigation Panel Discussion."
Seyfarth Shaw LLP
Seyfarth Synopsis: On February 6, 2018, Seyfarth Shaw Partner Jerry Maatman and Bloomberg Law Senior Legal Editor Perry Cooper presented a timely event on "Top Trends In Workplace Class Action...
Reinhart Boerner Van Deuren s.c.
On June 21, 2018, the Fifth Circuit Court of Appeals formally vacated the Department of Labor's Fiduciary Rule, including the Best Interest Contract and Principal Transactions Exemptions, effective immediately.
Drew Eckl & Farnham, LLP
Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case?
Stites & Harbison PLLC
The latest chapter in the ongoing joint-employer case between McDonald's USA, LLC and the NLRB was written on Tuesday, as an administrative law judge rejected a proposed settlement between the parties.
Seyfarth Shaw LLP
In an EEOC-initiated systemic lawsuit alleging that a senior living and nursing facility operator violated the Americans With Disabilities Act by failing to offer employees light duty as a reasonable accommodation...
Proskauer Rose LLP
A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed.
Lewis Brisbois Bisgaard & Smith LLP
Embodied in the federal Fair Labor Standards Act (FLSA), the de minimis doctrine provides that employers are not required to pay employees ...
Carlton Fields
For what is reasonable to one person can be unreasonable to another.
Seyfarth Shaw LLP
The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee's offensive speech ...
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