Searching Content indexed under Employment Litigation/ Tribunals by Blank Rome LLP ordered by Published Date Descending.
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Once In A Lifetime? Rare Battle Won For Golden State Employers—But The PAGA War Rages On
While talking heads focused on the debates heating up in Houston last week, the California Supreme Court on Thursday put an end to a nearly
United States
26 Sep 2019
"De Minimis" May Be Down, But It's Not Out—And What Does It Mean For Employer Rounding Policies In California?
On July 26, 2018, the California Supreme Court issued its long-awaited opinion in Troester v. Starbucks Corp., __ P.3d __ (2018).
United States
10 Oct 2018
Third Circuit Holds That Paid Suspensions Are Not Adverse Employment Action
The U.S. Court of Appeals for the Third Circuit held that a suspension with pay, standing alone, does not constitute an adverse employment action under Title VII...
United States
18 Aug 2015
NLRB Overrules Longstanding Precedent—Withholding Witness Statements Is No Longer A Bright Line Exception
In American Baptist Homes of the West, the Board overruled the almost 37-year-old precedent articulated in Anheuser-Busch Inc., 237 N.L.R.B. 982, 99 LRRM 1174 (1978).
United States
10 Jul 2015
Third Circuit Rules Class Arbitration A Question For The Courts
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to arbitrate employment disputes should extend to class-wide arbitration. 2014 U.S. App. LEXIS 14538 (3d Cir. July 30, 2014).
United States
8 Aug 2014
Unanimous Supreme Court Strikes Down Obama's NLRB Appointments
The United States Supreme Court recently issued a much anticipated decision in NLRB v. Noel Canning.
United States
11 Jul 2014
U.S. Supreme Court Decision Will Lead To Intense Scrutiny Of ESOP Fiduciaries
The United States Supreme Court issued a decision yesterday that will result in significant changes to employee stock ownership plan administration and design.
United States
7 Jul 2014
California Supreme Court Allows Arbitration Agreements With Class Waivers
The California Supreme Court held in that a state’s refusal to enforce an arbitration agreement that waives the right to class proceedings is preempted under the Federal Arbitration Act.
United States
4 Jul 2014
Sixth Circuit Holds That Employment Agreements May Not Reduce The Statutes Of Limitations For FLSA And Equal Pay Act Claims
The U.S. Court of Appeals for the Sixth Circuit recently held that an employment agreement provision that shortened the statutes of limitations for employee claims brought under the FLSA and the Equal Pay Act from three years to six months was an impermissible waiver of claims under both statutes.
United States
22 Jan 2014
Pennsylvania Superior Court Rules Expert Testimony Inadmissible To Prove Causation In Toxic Tort Case Absent Supporting Scientific Authority Applied To Facts Of Case
In a precedential ruling on the admissibility of expert testimony that is particularly significant to defendants in toxic tort matters, a three-judge panel of the Superior Court of Pennsylvania in Snizavich v. Rohm and Haas Co., No. 1383 EDA 2012, 2013 Pa. Super. LEXIS 3192 (Pa. Super. Ct. Dec. 6, 2013), ruled on December 6, 2013 that an expert’s opinion regarding the cause of a plaintiff’s injury is inadmissible under Pennsylvania Rule of Evidence 702 and the Frye standard if it is not based on
United States
19 Dec 2013
Fifth Circuit Allows Class Waivers In Arbitration Agreements
In a long-awaited decision, the United States Court of Appeals for the Fifth Circuit recently held that class action waivers in employee arbitration agreements do not violate the National Labor Relations Act ("NLRA").
United States
18 Dec 2013
Second Circuit Holds That Arbitration Agreements May Bar Title VII Pattern-Or-Practice Discrimination Claims
The Second Circuit's decision confirms that employee arbitration agreements may provide employers with an important tool to avoid class action discrimination claims.
United States
9 Apr 2013
Supreme Court Hears Arguments On Supervisor Qualification Under Title VII
On November 26, 2012, the U.S. Supreme Court heard oral arguments in Vance v. Ball State University, a case that may resolve a split between the federal appellate courts regarding the definition of a "supervisor" for purposes of employer liability under Title VII.
United States
5 Dec 2012
Seventh Circuit: Reassignment Of Disabled Workers Is Not Required
The United States Court of Appeals for the Seventh Circuit recently ruled in EEOC v. United Airlines, Inc., No. 11-1774 (March 7, 2012) that the Americans with Disabilities Act (ADA) does not require employers to reassign disabled employees to vacant positions for which they are qualified if better qualified candidates apply and it is the employer’s "consistent and honest" policy to hire the best qualified applicant.
United States
8 May 2012
Third Circuit Rules That Federal Law Preempts Pennsylvania Prohibition On Class Action Waivers In Arbitration Agreements
Affirming the broad scope of the Supreme Court of the United States’ April 2011 decision in AT&T Mobility LLC v. Concepcion, the U.S. Court of Appeals for the Third Circuit recently rejected a challenge to the validity of an employee arbitration agreement based on Pennsylvania law prohibiting the waiver of class action claims.
United States
12 Apr 2012
Significant Labor & Employment Decisions In Store For 2012
In 2011, the Supreme Court of the United States and several state Supreme Courts issued significant labor and employment law decisions.
United States
16 Jan 2012
NLRB Rules That Federal Labor Law Bars Class Action Waivers In Arbitration Agreements
In a decision that may have wide-ranging effects for all employers, the National Labor Relations Board ("NLRB") recently ruled that class action waivers in employee arbitration agreements violate federal labor law and are therefore unenforceable.
United States
13 Jan 2012
Recent Pennsylvania "8 And 80" Overtime Litigation Highlights Risks From Inconsistent Federal And State Wage & Hour Laws
The recent settlement of two overtime class actions against Pennsylvania healthcare providers highlights an important issue for all employers - the need to comply with both the federal Fair Labor Standards Act ("FLSA") and state wage and hour laws.
United States
21 Jul 2011
Are the Pennsylvania Class Action Rules Really As "Liberal" As Some Courts May Believe?
Standing in stark contrast to the US Supreme Court's recent decision reversing class certification in Wal-Mart Stores, Inc. v. Dukes, is the Pennsylvania Superior Court's recent decision in another class action involving Wal-mart-Braun v. Wal-Mart Stores, Inc. In an opinion, dated June 10, 2011-a mere ten days before the Dukes decision-the Braun opinion illustrates the significantly different and more liberal standard Pennsylvania courts are applying to this Commonwealth's class certification ru
United States
7 Jul 2011
National Labor Relations Board Seeks To Modify Procedures In Representation Cases
The National Labor Relations Board ("Board") yesterday proposed significant amendments to procedures in representation cases involving secret ballot elections. According to the Board, the proposed amendments are intended to "remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation" and, if adopted, will streamline pre- and post-election procedures, facilitate electronic communications and document filing, and reduce unnecessary litigation.
United States
24 Jun 2011
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