Searching Content indexed under Litigation, Mediation & Arbitration by Robert Fisher ordered by Published Date Descending.
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Supreme Judicial Court Reinstates Jury Verdict For Former Employee On FMLA Retaliation Claim
Last week's Massachusetts Supreme Judicial Court decision in Esler v. Sylvia-Reardon serves as an important reminder of the potential scope of employees' rights under the federal Family and Medical Leave Act.
United States
17 Mar 2016
SJC Rules In Employment Discrimination Cases A Plaintiff Need Only Show The Reason For Discharge Was Untrue To Survive Summary Judgment
The questions before the SJC, in Bulwer, relate to what evidence is required to establish pretext, and at summary judgment, who has the burden to show it.
United States
9 Mar 2016
SJC Finds That Employee's Unauthorized Copying Of Proprietary Information Did Not Give Employer Grounds To Discontinue Severance
Eventmonitor involved a dispute between a Massachusetts-based software company and its former vice president of business affairs.
United States
11 Feb 2016
Seventh Circuit Rejects EEOC's Attack On Severance Agreements
On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit upheld the dismissal of a lawsuit by the EEOC against CVS Pharmacy, Inc....
United States
4 Jan 2016
First Circuit Clarifies Remedies For Retaliation Under The Wage Act
On Tuesday, December 15, 2015, the United States Court of Appeals for the First Circuit issued a decision that addresses the potential remedies available under the Massachusetts Wage Act.
United States
30 Dec 2015
First Circuit Holds That Jury Can Decide Whether Store Managers Were Exempt From The Overtime Requirements Of The FLSA
Last week, the U.S. Court of Appeals for the First Circuit reversed summary judgment to the employer, an operator of Dunkin' Donuts stores, on claims by two former managers that they were improperly denied overtime...
United States
22 Dec 2015
Company May Be Liable For Temporary Worker's Discrimination Claims
A recent decision by the U.S. Court of Appeals for the Third Circuit, Faush v. Tuesday Morning, Inc., is a reminder that companies that utilize employees of staffing companies are not insulated from employment law claims.
United States
26 Nov 2015
Supreme Court Authorizes "Barebones" Court Review Of The EEOC’s Conciliation Efforts
On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review...
United States
1 May 2015
Massachusetts SJC Rules That Taxicab Drivers Are Independent Contractors Under The Wage Act
On April 21, 2015, the Massachusetts Supreme Judicial Court (SJC) held in Sebago, et al. v. Boston Cab Dispatch, Inc., et al., that taxicab companies may classify taxicab drivers as independent contractors.
United States
27 Apr 2015
Supreme Court Sets New Standard Governing Employer’s Obligation To Accommodate Pregnant Workers
On March 25, 2015, the U.S. Supreme Court addressed an employer's obligation to accommodate employees' pregnancy-related job restrictions.
United States
8 Apr 2015
Supreme Court Authorizes The DOL To Change Its Interpretative Guidance Without Public Input
The interpretive rules at issue in this case concern the classes of employees who are exempt from the overtime requirements of the Fair Labor Standards Act.
United States
24 Mar 2015
Supreme Court Decision Clarifies Approach To Donning-And-Doffing Cases Under
On January 27, 2014, the U.S. Supreme Court held in "Sandifer v. United States Steel Corp." that the Fair Labor Standards Act did not require an employer to pay workers for time spent donning and doffing protective gear.
United States
3 Mar 2014
NLRB Finds Arbitration Provision Banning Class And Collective Actions To Be Unlawful
On January 3, 2012, the National Labor Relations Board (NLRB) held in D.R. Horton that a mandatory arbitration agreement between an employer and its employees violated the National Labor Relations Act (NLRA), because it required employees to waive their rights to participate in class or collective actions.
United States
16 Jan 2012
Employment Bulletin - June 22, 2011 - U.S. Supreme Court Ends Massive Class Action Against Wal-Mart
On Monday, the Supreme Court handed down its heavily anticipated decision in Wal-Mart Stores, Inc. v. Dukes, regarding whether or not the plaintiffs could pursue sex discrimination claims on behalf of more than one and half million current and former female employees of Wal-Mart.
United States
24 Jun 2011
Federal Court Decision Suggests That Employees Can Challenge Employers´ Policies On Off-Duty Conduct
Last year, we reported on a federal court decision, Rodrigues v. The Scotts Co., which suggested that an employer can be liable for terminating an employee for engaging in legal but unhealthy off-duty conduct.
United States
5 Aug 2009
U.S. Supreme Court Expands Protections Against Retaliation
A recent decision by the U.S. Supreme Court expands the protections against retaliation under Title VII of the Civil Rights Act of 1964.
United States
19 Feb 2009
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