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1
A Friendly Reminder To Employers To Ensure Clarity About Individual Arbitration In Light Of The Newest SCOTUS Ruling On Agreements To Arbitrate
Our colleague Gil Samberg offers analysis of the U.S. Supreme Court's recent decision in Lamps Plus, Inc. v. Varela, which held that neither silence nor ambiguity in an arbitration agreement
United States
17 May 2019
2
The Bubbler – September 2018
Welcome to this month's edition of the Bubbler! Now that fall is fast approaching we're refreshing your memory of some key recent developments as we head into the new season:
United States
13 Sep 2018
3
Avoiding Unexpected Liability For Former Employees' Medical Expenses
While the facts of the case are admittedly unusual, the outcome is still instructive for employers.
United States
13 Sep 2018
4
Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement To Mandatory Bilateral Arbitration Unenforceable
When the Supreme Court ruled recently that the "concerted activities" provision of the NLRA did not make a contractual waiver of "class arbitration" unenforceable, it provided an extensive analysis ...
United States
30 Aug 2018
5
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
6
#Metoo And The Need For An Investigative Process
The #MeToo movement has galloped through both private industry and the public sector leaving many accused of wrongdoing, but with no clear process to confirm whether the accusations are true.
United States
29 Aug 2018
7
U.S. Supreme Court Broadens Construction Of FLSA Overtime Exemption
On Monday of this week, the U.S. Supreme Court reversed the Ninth Circuit when it ruled in Encino Motorcars, LLC v. Navarro that auto dealership service advisors are exempt from the FLSA's overtime requirements.
United States
6 Apr 2018
8
Massachusetts Highest Court Holds Sick Pay Is Not A Wage Under The Massachusetts Wage Act
The Massachusetts Supreme Judicial Court recently ruled in Mui v. Massachusetts Port Authority that payment for accrued, unused sick time is not a "wage" ...
United States
12 Feb 2018
9
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
10
The Bubbler: September 6, 2017
What is happening in employment law? We will be providing you with quick employment law updates on a bi-monthly basis in a new series called "The Bubbler."
United States
14 Sep 2017
11
Employer's Accessing Of Employee's Personal Email Account From Company Mobile Phone May Have Violated Stored Communications Act
Melissa Edwards was a former marketing representative for an affiliate of Impact who resigned her employment in May of 2016.
United States
30 Aug 2017
12
Another Chapter In California's PAGA Saga
California's PAGA Saga continues with a pair of recently issued appellate decisions impacting these legally created class action-like lawsuits.
United States
21 Aug 2017
13
Massachusetts Supreme Judicial Court Holds Insurers' Duty To Defend Does Not Extend To Counterclaims
As a result of this decision, employers should review their EPLI policies to determine the scope of coverage under the policy.
United States
9 Aug 2017
14
New York State Appellate Court Holds Class Action Waivers Violate The NLRA While Employers Await Definitive Ruling From Supreme Court
The Supreme Court is set to hear oral argument in October on whether class and collective action waivers are enforceable.
United States
28 Jul 2017
15
Bankers Life And Casualty: Illinois Appellate Court Finds Connecting To Old Colleagues Via LinkedIn Does Not Constitute Unlawful Solicitation
New job to-do list: (1) send goodbye email; (2) attend goodbye party; (3) update LinkedIn account; and (4) then use said LinkedIn account to send old colleagues new contact information.
United States
21 Jul 2017
16
Class Action Suits Against Massachusetts Car Dealers On The Rise
Spurred by a recent change in a Massachusetts wage and hour regulation, plaintiffs' attorneys are aggressively pursuing class action lawsuits seeking unpaid overtime premium pay on behalf of car salespeople...
United States
19 Jul 2017
17
Supreme Court Confirms Deferential Standard Of Review For EEOC Subpoenas
Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas.
United States
5 May 2017
18
Second Circuit Holds Termination Of Employee Who Attacked Supervisor In Obscene Facebook Post Violates NLRA
The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election.
United States
2 May 2017
19
Second Circuit Panel: No, We Still Can't Overturn Precedent On Sexual Orientation Discrimination
Four members of Congress asked the Eleventh Circuit for permission to file an amicus brief in support of her request for rehearing.
United States
27 Apr 2017
20
Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split And Setting Stage For Likely Supreme Court Review
In other words, according to Hively's allegations, if she were a man dating a woman the employer would not have refused to hire her into a full-time position.
United States
13 Apr 2017
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