Searching Content indexed under Trials & Appeals & Compensation by Michael Arnold ordered by Published Date Descending.
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Fourth Circuit Offers New Test For Joint Employment Under FLSA
The Fourth Circuit recently ruled that a general contractor was the joint employer of employees of its subcontractor for purposes of the Fair Labor Standards Act.
United States
22 Feb 2017
California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process
Thomsen v. Georgia-Pacific Corrugated, LLC involved a plaintiff who returned to work after shoulder surgery with a 30-pound lifting restriction.
United States
21 Jul 2016
Does An Employer Have To Accommodate A Nondisabled Employee Because Of Another's Disability? Yes, Says One California State Appellate Court
Last month, a California state appellate court issued a decision that, as the dissent characterized, went "where no one has gone before."
United States
19 May 2016
Pescetarian's Delight: Ninth Circuit Extends Non-Compete Term Beyond Contractual Period
The Ninth Circuit inferred from Oregon law and equitable principles espoused by courts in a variety of jurisdictions that it had inherent equitable power to extend the term of the non-compete covenant in the agreement at issue.
United States
17 May 2016
Clearly Defining The Essential Functions Of The Job Can Make Or Break An ADA Case
As a recent federal appellate decision confirmed, the Americans with Disabilities Act does not require employers to always accommodate a disabled employee.
United States
17 May 2016
Uber Aims To Settle Two Class Actions; Approximately 385,000 Uber Drivers In California And Massachusetts To Remain Independent Contractors – At Least For Now
Last Thursday, Uber settled two closely-watched class actions contesting Uber's classification of approximately 385,000 drivers in California and Massachusetts as independent contractors as opposed to employees.
United States
28 Apr 2016
SHRM: Justices Question Whether EEOC Should Pay $4.7M In Attorney Fees
My colleague David Barmak, was quoted in a SHRM article entitled, Justices Question Whether EEOC Should Pay $4.7M in Attorney Fees.
United States
7 Apr 2016
Taking An Evidentiary Approach, The Supreme Court Rules That Employees Can Use Representative Samples To Establish Classwide Liability And Damages, But It Leaves Open Question Of Whether Classes Can Include Uninjured Class Members
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes.
United States
4 Apr 2016
New York Federal Court Ruling May Breathe New Life Into Employment Class Action Pick-off Strategy; Addresses Supreme Court's Gomez Decision
Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly.
United States
31 Mar 2016
New York Federal Court Judge Expresses Dismay Over NYC Human Rights Law Claim Legal Standard
Sometimes a judge says what many of us are already thinking. In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge.
United States
16 Mar 2016
Employer Not Responsible For Employee Defaming Customer On Facebook
In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee's Facebook comments about one of its customers.
United States
13 Mar 2016
Pick-Off Strategy Via A Rule 68 Offer Of Judgment Suffers Stinging Defeat In The Supreme Court; But Can An Actual Payment To The Plaintiff Do The Trick?
An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff's individual and class action claims said the Supreme Court on Wednesday.
United States
25 Jan 2016
Uber Class Action Update: Court Finds Arbitration Agreement Unenforceable And Broadens Class Of Drivers
The Uber saga continues in O'Connor v. Uber Technologies, Inc. – a closely watched case that will impact the future of the gig economy.
United States
23 Dec 2015
Ninth Circuit Won't Review Uber Driver Class Certification Decision
The sharing or gig economy has introduced a new management paradigm for companies, more flexible schedules for workers, and a greater level of convenience and accountability to consumers.
United States
24 Nov 2015
Corporate Counsel: Circuit Court Backs NLRB On Social Media Conduct, Voids Handbook Provision
My colleague, Don Schroeder, was quoted in the Corporate Counsel article, Circuit Court Backs NLRB on Social Media Conduct, Voids Handbook Provision...
United States
12 Nov 2015
Mach Mining Continuing To Make Its Mark: Second Circuit Holds That Review Of EEOC Pre-Suit Investigation Extremely Limited
In Sterling Jewelers, the EEOC sued a nationwide chain of jewelry stores alleging discriminatory pay and promotion practices.
United States
26 Oct 2015
Sony: Stipulation Announces (But Does Not Disclose) Employee Data Breach Class Settlement (Privacy & Security Matters)
Settlement appears imminent in an employee class action against Sony Pictures Entertainment ("SPE") arising from disclosure of their personally identifiable information ("PII") in a massive data breach...
United States
9 Sep 2015
Fifth Circuit Continues To Permit Wage Claim Waivers In Private Settlements, But Only Where A Bona Fide Dispute Exists
A Federal Appeals Court recently confirmed that under certain circumstances, parties may privately settle and release claims under the Fair Labor Standards Act.
United States
7 Jul 2015
Unpaid Intern v. Employee Classification Analysis Must Look At Who Is Primary Beneficiary Of Relationship, Second Circuit Holds
The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees.
United States
3 Jul 2015
Supreme Court To Decide Two Cases Addressing Important Class And Collective Action Issues
The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape.
United States
29 Jun 2015
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