Searching Content indexed under Trials & Appeals & Compensation by Proskauer's Labor & Employment Practice Group ordered by Published Date Descending.
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Supreme Court Places Burden On Employers In Age Bias Disparate Impact Cases
On June 19, 2008, the U.S. Supreme Court issued an important decision, making it easier for older workers to prove that they were subjected to age discrimination.
United States
14 Jul 2008
U.S. Supreme Court Strikes Down California´s Attempt To Regulate Employer Speech
In 2000, California enacted AB 1889, which prohibited employers who receive more than $10,000 in state funds from using those funds to "assist, promote or deter union organizing."
United States
7 Jul 2008
California Supreme Court Severely Limits Use Of Class Waivers In Arbitration Agreements
In an important victory for employees, a closely divided California Supreme Court has held that class arbitration waivers in employment arbitration agreements may not be enforced where "the prohibition of classwide relief would undermine the vindication of the employees’ unwaivable statutory rights and would pose a serious obstacle to the enforcement of the state’s overtime laws."
United States
14 Sep 2007
Personal Liability Workplace Decisions
Recently, there has been a lot of press about an alarming trend in employment law cases: executives, managers, and other decision-makers are being sued personally for their workplace decisions. This article explores some of the conduct that has landed management in hot water and offers tips and suggestions for (i) minimizing the likelihood of being named as a party to a lawsuit; (ii) assisting in a lawsuit’s defense; and (iii) protecting personal assets.
United States
24 Aug 2007
Supreme Court Holds FLSA Inapplicable To Certain Domestic Service Workers
On June 11, 2007, the U.S. Supreme Court upheld the U.S. Department of Labor’s (DOL) regulation exempting in-home healthcare aides and companion services workers employed by third-party agencies from federal minimum wage and overtime pay requirements.
United States
21 Aug 2007
U.S. Supreme Court To Consider Available Remedies Under ERISA
On June 18, 2007, the U.S. Supreme Court granted certiorari in the case of LaRue v. DeWolff, Boberg & Associates, Inc., No. 06 Civ. 856, thereby agreeing to consider hotly contested issues surrounding the scope of relief available to 401(k) plan participants under the Employee Retirement Income Security Act of 1974 (ERISA).
United States
10 Jul 2007
Supreme Court Restricts Time Frame For Bringing Discriminatory Pay Suits
In a significant victory for employers, the Supreme Court, on May 29, 2007, rejected an employee’s claim that she should be permitted to sue for intentional pay discrimination that occurred several years earlier, outside Title VII’s Charge-filing period.
United States
1 Jun 2007
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