Searching Content indexed under Employment Litigation/ Tribunals by Michael Dell ordered by Published Date Descending.
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Did You Agree To Class-Wide Arbitration? Only If Your Agreement Clearly Says So, According To The U.S. Supreme Court
Employers often look to resolve claims through private arbitration rather than public litigation.
United States
10 Jul 2019
Appellate Division Affirms Dismissal Of Most "Borgata Babes" Discrimination Claims
In 2003, the Borgata Hotel-Casino began hiring "costumed beverage servers" known as "BorgataBabes." Borgata sought to have the BorgataBabes reflect "the fun, upscale, sensual, international image that is consistent with the Borgata brand."
United States
12 Oct 2015
Dues Check-Offs Will Continue Even When The Union Contract Ends
Collective bargaining agreements frequently contain "dues check off" provisions, which require employers to deduct union dues from their employees' wages, and to then forward those dues to the union.
United States
16 Sep 2015
United States Supreme Court Approves Limited Review Of EEOC's Conciliation Efforts
On April 29, 2015, the United States Supreme Court ruled that courts have limited authority to review whether the Equal Employment Opportunity Commission ("EEOC") has satisfied its obligation...
United States
20 May 2015
New Jersey Supreme Court Adopts Affirmative Defense For Hostile Work Environment Claims, Making Training Even More Important
In a significant ruling making it more difficult for employers to be held liable for workplace harassment under the New Jersey Law Against Discrimination, the New Jersey Supreme Court recently adopted the affirmative defense previously set forth by the United States Supreme Court in two 1998 cases involving claims under federal anti-discrimination law, Burlington Industries v. Ellerth and Faragher v. Boca Raton.
United States
23 Feb 2015
Divorcing Employees Are Protected By New Jersey Law Against Discrimination
The provisions of the New Jersey law protecting employees from discrimination based on marital status includes employees going through a divorce.
United States
15 Jul 2014
Supreme Court to Rule On Amazon Workers’ FLSA Security Screening Case
As we posted here, the Supreme Court recently brought clarity to the issue of compensable time under the Fair Labor Standards Act ("FLSA"), defining the term "changing clothes."
United States
6 Mar 2014
General Counsel Memorandum Highlights NLRB’s Top Priorities For 2014
On February 25, 2014, National Labor Relations Board General Counsel Richard F. Griffin issued Memorandum GC 14-01, which provides useful insight into his enforcement priorities.
United States
1 Mar 2014
Fifth Circuit Rejects Labor Board’s D.R. Horton Decision
In 2006, D.R. Horton, Inc. ("D.R. Horton"), a homebuilder operating in over twenty states, began requiring all new and existing employees to sign a Mutual Arbitration Agreement (the "Agreement") as a condition of employment.
United States
9 Dec 2013
United States Court of Appeals Invalidates Union Posting Rule
On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the National Labor Relations Board ("NLRB") rule that would require employers to display posters about workers’ rights to engage in concerted activity.
United States
19 May 2013
Facebook Posts Permit School District To Remove Teacher From Tenured Position
A New Jersey appellate panel has upheld the decision to fire a tenured first-grade teacher because of critical postings she made toward her students on her Facebook account.
United States
25 Feb 2013
Newark Restricts Employers' Ability To Conduct Criminal Background Checks
On September 19, 2012, the Newark Municipal Council passed Ordinance 12-1630, which limits employers' ability to conduct criminal background checks.
United States
22 Nov 2012
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