Searching Content indexed under Employment Litigation/ Tribunals by Michael Arnold ordered by Published Date Descending.
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New York State Department Of Labor Releases Draft Sexual Harassment Prevention Materials
The New York State Department of Labor, in consultation with the New York State Division of Human Rights, has released drafts of its model sexual harassment prevention policy, complaint form, and harassment prevention training program.
United States
30 Aug 2018
Spousal Jealousy Can Lead To A Viable Claim Of Unlawful Gender Discrimination
Recent cases in New York and Pennsylvania demonstrate that, at least in some jurisdictions and under some circumstances, a plaintiff can state a valid claim for unlawful gender discrimination ...
United States
30 Oct 2017
Mintz Levin's Third Annual Employment Law Summit – Dealing With The Difficult Employee
As excitement builds for the March Madness Final Four on Saturday and the championship game next Monday, another exciting event is also rapidly approaching.
United States
6 Apr 2017
The Return Of Mintz March Madness
It's our favorite time of year over at Employment Matters – March Madness! Let's quickly recap where we've been.
United States
22 Mar 2017
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
Negligent Employers May Be Held Liable For A Non-Supervisory Employee's Discriminatory Actions Under "Cat's Paw" Theory Says Second Circuit
The Second Circuit recently adopted the "Cat's Paw" theory of liability in Title VII cases. This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat's Paw in a USERRA case.
United States
4 Jan 2017
With DOL's OT Rule Blocked, Employers Are Left Asking "What's Next?"
Employers across the country woke up to news that a Texas District Court judge has blocked the DOL's overtime rule from taking effect on December 1, 2016.
United States
28 Nov 2016
Where Are We With The Enforceability Of Class Action Waivers In Arbitration Agreements?
The circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class or collective actions against their employer.
United States
22 Nov 2016
Another Employee-Friendly Law: New California Law Aims To Keep Employment-Related Disputes Centered In California
Beginning next year, employers may no longer force their California employees to resolve their employment-related disputes outside of California or use non-California law when doing so.
United States
15 Oct 2016
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
The Supreme Court's Tyson Foods Ruling And Employee Class Actions
The US Supreme Court ruled Tuesday that Tyson Foods employees can use representative evidence to establish liability and damages for class certification purposes.
United States
4 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
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
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