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Searching Content indexed under Employment Litigation/ Tribunals by Howard Wexler ordered by Published Date Descending.
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1
A Day Late and Potentially Many Dollars Short: NY Appellate Court OK's Liquidated Damages In Late Payment Case
On September 10, 2019, the Appellate Division, First Department, affirmed the lower court's order permitting the construction worker to proceed with her case.
United States
24 Sep 2019
2
As Second Circuit Buys Into "Fair Interpretation" Of The FLSA, "Narrow Construction" Stalls Out
Seyfarth Synopsis: The Second Circuit's recent rulings in Munoz-Gonzalez v. D.L.C. Limousine Service, Inc. and Flood v. Just Energy Marketing Corp. further demonstrate the impact of the Supreme Court's...
United States
27 Sep 2018
3
NY Attorney General "PAID" Lip Service To DOL Initiative
The U.S. Department of Labor has announced the launch of the Payroll Audit Independent Determination program—or "PAID" ...
United States
6 Apr 2018
4
New Jersey Supreme Court "Plants The Seeds" For Increase In "Garden Variety" Emotional Distress Jury Awards
The New Jersey employers were dealt an "emotional" blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court's denial of an employer's request...
United States
18 Oct 2016
5
SDNY Adopts Pilot Mandatory Mediation Program For FLSA Cases
We expect 2016 will be another record year and that the revisions to the white collar exemptions effective December 1st will increase the number of lawsuits around the country.
United States
17 Oct 2016
6
NLRB Tells Employers To Mind Their Own Business
An Administrative Law Judge held that an employer's policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies...
United States
1 Aug 2016
7
District Court Turns The Other "Cheeks" On Parties' Proposed Stipulation Of Dismissal
In Cheeks v. Freeport Pancake House, the Second Circuit held that judicial or DOL approval is required for a valid dismissal of FLSA claims with prejudice.
United States
15 Jul 2016
8
The NLRB Guards "Mixed-Guard" Units Against Withdrawn Recognition
These days, employers are having a harder time relying on well-established law from the NLRB.
United States
27 Jun 2016
9
A Costly Lesson For Employers On Replacement Workers
According to the Board, an employer is motivated by an "independent unlawful purpose" when they intend "to discriminate or to encourage or discourage union membership."
United States
10 Jun 2016
10
Doing The "Two Step": Court Denies Second Stage Certification Of FLSA Claims
Plaintiffs' counsel frequently speak of the "low" burden necessary at first stage for conditional certification under the FLSA.
United States
15 Apr 2016
11
Seventh Circuit Slams The "Brakes" On The EEOC's Appeal Of AutoZone ADA Defeat
As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq....
United States
12 Jan 2016
12
Seventh Circuit "Releases" CVS From EEOC's Separation Agreement Attack
As we previously blogged about the EEOC has gone on the offensive challenging employer severance agreements.
United States
31 Dec 2015
13
EEOC's Request For Another Bite Of The Apple Rejected At "Mach Speed"
We have previously blogged about the impact of the U.S. Supreme Court's landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015).
United States
23 Dec 2015
14
Meal Break Win In Third Circuit Gives Employers Reason To Be Thankful For More Than Thanksgiving Meals
Plaintiffs in Babcock are corrections officers whose terms and conditions of employment are governed by a collective bargaining agreement.
United States
4 Dec 2015
15
Another One Bites The Dust At "Mach" Speed: EEOC's Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate
We've previously blogged about the impact the U.S. Supreme Court's landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015)...
United States
8 Nov 2015
16
Another One Bites The Dust At "Mach" Speed: EEOC's Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate
This decision yet again demonstrates the powerful tool that the Supreme Court provided to employers in Mach Mining.
United States
5 Nov 2015
17
Doing The "Two Step": Court Grants Stage One Conditional Certification Of EPA Collective Action
Eleven current/former female employees brought individual and class claims under the EPA and Title VII alleging disparate pay based on their gender in July of 2012.
United States
14 Sep 2015
18
Show Me The Money: The EEOC Secures Post-Trial Damages Victory In Religious Discrimination Case
With respect to monetary damages, the parties disagreed concerning the level of back and front pay the Charging Party should receive.
United States
1 Sep 2015
19
Show & Tell: Second Circuit Holds FLSA Bars Private Settlements
As we have noted in previous posts (most recently, here), courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements.
United States
12 Aug 2015
20
If At First You Don't Succeed, Plead, Plead Again…
In an analysis that all corporate counsel would be wise to read, the Court set forth exactly what must be established by a party seeking to have a case dismissed under both Rule 12(b)(1) and 12(b)(6).
United States
7 Aug 2015
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