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Searching Content indexed under Employment Litigation/ Tribunals by Robert N. Holtzman ordered by Published Date Descending.
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Fifth Circuit Increases Burden On Employers And Opens The Door To Monetary Damages In Pattern And Practice Cases
The EEOC has set as a goal that by 2018, 22-24% of its active litigations will involve claims of systemic discrimination.
United States
11 Nov 2016
2
Spring Forward Or Fall Back: Supreme Court Determines The Clock On Constructive Discharge Claims Now Begins At Resignation
On March 22, 2010, Green alleged to an Equal Employment Opportunity counselor that he had been constructively discharged.
United States
11 Nov 2016
3
Employee's Failure To Cooperate With Internal Investigation — In The Face Of Potential Criminal Charges — Constitutes Cause For Termination
When government investigators come knocking, employers expect that their employees will cooperate with any ensuing internal investigation.
United States
9 Nov 2016
4
Are Class Action Waivers Enforceable? Until The Supreme Court Rules, It Depends Where You Are Located
Recent decisions by the U.S. Courts of Appeals for the Seventh Circuit and the Ninth Circuit have adopted the reasoning of the National Labor Relations Board in D.R. Horton, Inc. and Michael Cuda.
United States
9 Nov 2016
5
Employees' Failure To Cooperate With Internal Investigation – In The Face Of Potential Criminal Charges – Constitutes Cause For Termination
When government investigators come knocking, employers expect that their employees will cooperate with any ensuing internal investigation.
United States
7 Sep 2016
6
Employers Beware: Settlement Of FLSA Claims Requires Approval Of A Court Or The Department Of Labor
Before the Second Circuit's recent ruling in Cheeks v. Freeport Pancake House Inc., 796 F.3d 199 (2015), it was unclear whether a privately-negotiated general release could be effective with respect to wage and hour claims...
United States
26 May 2016
7
Employers Can't Outsource Their Joint Employer Liability
In mid-March, the Second Circuit issued a summary order vacating the summary judgment dismissal of claims brought by security guards who were contracted via a separate, now-defunct entity, to work at AT&T stores.
United States
26 May 2016
8
Discrimination's New Frontier: Transgender Individuals In The Workplace
In a growing trend in employment law across the country, regulatory agencies are engaging in efforts to eliminate transgender discrimination.
United States
26 May 2016
9
Increased Focus On Proportionality In Discovery Is Anticipated To Aid Employers
On December 1, 2015, a package of amendments to the Federal Rules of Civil Procedure ("FRCP") went into effect, including significant amendments to Rule 26(b)(1), which governs the scope and limits of discovery.
United States
26 May 2016
10
Positive Development For New Jersey Employers: Discrimination Plaintiff May Face Criminal Prosecution For Theft Of Employer's Confidential Documents
The New Jersey Supreme Court recently affirmed an employee's indictment for allegedly stealing confidential documents from her employer to support employment discrimination and retaliation claims.
United States
11 Dec 2015
11
New York Court Of Appeals Rejects Choice Of Law Provision In Nonsolicitation Agreement
The New York Court of Appeals recently declined to uphold a Florida choice of law provision in an employment agreement on the grounds that it violated New York public policy.
United States
11 Dec 2015
12
Accommodating Religious Dress
On June 1, 2015, the United States Supreme Court handed down a decision clarifying the circumstances under which employees and prospective employees can establish religious discrimination...
United States
10 Dec 2015
13
Second Circuit Clarifies Pleading Standard In Title VII Cases
The plaintiff in Littlejohn v. City of New York, 795 F.3d 297 (2d Cir. 2015), an African-American woman, worked at the New York City Administration for Children's Services as the Director of its Equal Employment Opportunity Office.
United States
10 Dec 2015
14
When Is An Unpaid Intern An Employee? Second Circuit Provides Clarity
The extent to which the intern and employer clearly understand that there is no expectation of compensation.
United States
9 Dec 2015
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