Searching Content indexed under Employment Litigation/ Tribunals by Wilson Elser Moskowitz Edelman & Dicker LLP ordered by Published Date Descending.
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Colorado Court Of Appeals Permits Evidence Of Billed Workers' Compensation Benefits At Trial
The Colorado Court of Appeals announced a recent published opinion in which, although the Court considered multiple issues on appeal, its opinion focuses primarily on the admissibility of evidence
United States
5 Jul 2019
U.S. Supreme Court Delivers An Epic Decision For Employers
On May 21, 2018, Justice Gorsuch delivered a 5−4 opinion for the U.S. Supreme Court holding that arbitration agreements containing class and collective action waivers must be enforced pursuant to the FAA, ...
United States
25 May 2018
Refusal To Allow Employee To Rescind Her Voluntary Resignation Not An Adverse Employment Action
The California Court of Appeal for the Second District held that refusing to allow an employee to rescind her voluntary resignation does not constitute an adverse employment action.
United States
3 May 2017
Exceptions To California's "Going And Coming" Rule
In Lynn v. Tatitlek Support Services, Inc., the plaintiffs appealed a summary judgment at the California Court of Appeal granted to Tatitlek Support Services, Inc. in a wrongful death action ...
United States
10 Apr 2017
EEOC Issues Updated, Expansive Guidance On Retaliation Claims
The new EEOC Enforcement Guidance replaces guidance issued in 1998.
United States
27 Sep 2016
California Court Of Appeal Expands Employer's Duty To Accommodate
In Castro-Ramirez v. Dependable Highway Express, Inc., the California Court of Appeal for the Second District held that an employer's duty to reasonably accommodate disabilities extends to accommodating...
United States
15 Aug 2016
Chicago Joins Growing Trend In Requiring Paid Sick Leave
The City of Chicago joined an emerging national trend when it unanimously passed an ordinance that requires employers to provide workers with paid sick days.
United States
11 Aug 2016
Seventh Circuit Finds Class Action Waiver Unenforceable, Creates Split Among Circuits
The suit involved a privately held health care software company that required all employees to consent to an arbitration agreement as a condition of continued employment.
United States
11 Jul 2016
Seventh Circuit Finds Class Action Waiver Unenforceable In Arbitration Agreements, Creates Split Among Circuits
The suit involved a privately held health care software company that required all employees to consent to an arbitration agreement as a condition of continued employment.
United States
27 Jun 2016
Employee's Electronic Signature on Arbitration Agreement Is Authentic
More and more companies are requiring employees to electronically review, sign and acknowledge a host of employment documents.
United States
10 Jun 2016
Second Appellate District Rules Combined 20-Minute Break Acceptable When It Avoids Material Economic Loss Attributable to Particular Production Activities
California Labor Code section 226.7 provides, "An employer shall not require an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable order of the Industrial Welfare Commission...." ...
United States
10 Jun 2016
The Ninth Circuit Affirms Employer's Time-Rounding Practice
The Ninth Circuit recently reaffirmed the lawfulness of employer time-rounding policies that are both facially neutral and neutrally applied in Corbin v. Time Warner Entertainment Advance/Newhouse Partnership, May 2, 2016.
United States
10 Jun 2016
Take A Seat! California Supreme Court Provides Clarity On California's Suitable Seating Laws
On April 5, 2016, the California Supreme Court issued its much-anticipated opinion addressing important issues surrounding California's suitable seating laws.
United States
21 Apr 2016
Statutory And Contractual Limitations Periods And The Events That Trigger Them: Insight From The Fourth Circuit
The Employee Retirement Income Security Act of 1974 (ERISA) does not contain a statute of limitations provision, and courts generally apply the most analogous state law statutory limitation.
United States
11 Apr 2016
Have Your Cake And Eat It, Too? Handbook Contract Disclaimers & Mandatory Arbitration Policies
A New Jersey court recently used the so-called contract "disclaimer" language in an employer's handbook to preclude the employer from enforcing a mandatory arbitration program contained in that same handbook.
United States
15 Mar 2016
Ninth Circuit Reverses District Court Decisions, Reviving U.S. Department Of Labor Rule Restricting Tip-Pool Distribution
FLSA section 203(m) allows employers to institute a tip pool among workers who "customarily and regularly" receive customer tips for their efforts.
United States
14 Mar 2016
EEOC Files First Two Lawsuits In Federal Court Alleging Sexual Orientation Bias Under Title VII
Beyond the ongoing disagreement between federal courts on this issue, these two EEOC lawsuits should not have any effect on sexual orientation discrimination claims premised on state law.
United States
11 Mar 2016
First Circuit Allows Fedex Drivers To Continue With Wage-And-Hour Claims Under Massachusetts Wage Act
Misclassification of workers is a trending topic in employment law and can result in significant financial damages for unwary employers.
United States
10 Mar 2016
"Round Up The Usual Suspects" And Violate The NLRA? The Implications Of Extending Weingarten Rights To Nonunionized Workplaces
In a unionized workforce, an employer generally may not proceed with an investigatory interview if the employee under investigation demands representation by a union official.
United States
30 Dec 2015
The Fair Credit Reporting Act: Misnamed But Mischievous
More and more, employers are falling victim to class action filings claiming that their background check procedures violate the Fair Credit Reporting Act.
United States
9 Nov 2015
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