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Searching Content indexed under Employment Litigation/ Tribunals by Seyfarth Shaw LLP ordered by Published Date Descending.
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1
Keeping It Local: Another Court Denies FLSA Conditional Certification Due To Lack Of Personal Jurisdiction
Furthering a recent trend, a judge in the District of Massachusetts denied a motion for conditional certification.
United States
9 Oct 2019
2
What A Long Strange Year It's Been . . . The EEOCs Fiscal Year Comes To An Uncharacteristically Quiet Close
Seyfarth Synopsis: The Trump Administration has succeeded in replacing several open positions within the upper echelons of the EEOC.
United States
9 Oct 2019
3
Plaintiff Strikes Out In Tort Suit Against River Cats Baseball
Seyfarth Synopsis: In a refreshing display of judicial restraint, the California Court of Appeal has declined to extend California's "wrongful termination" law to a failure to hire ...
United States
7 Oct 2019
4
Seventh Circuit Holds "Indignation" is Not An Injury-In-Fact
Here, the plaintiff was only complaining about not being able to easily access the information which is publicly available on the website.
United States
30 Sep 2019
5
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
6
Fifth Circuit Hands Employers A Big Win, Rules Day Rates Can Satisfy The Salary Basis Under The Highly Compensated Employee Exemption
He earned at least $1,000 every week he worked and was paid well over $100,000 annually.
United States
20 Sep 2019
7
California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims
United States
5 Sep 2019
8
Renewed Web And Physical Accessibility Congressional Efforts An Exercise In Futility?
Seyfarth Synopsis: Congress Members recently renewed their efforts to take legislative action and urge the DOJ take regulatory action regarding physical and website accessibility, respectively.
United States
4 Sep 2019
9
Good News For Employers: D.C. Circuit Insists On "Hard Look" At Uninjured Class Members At Class Certification Stage
Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class
United States
23 Aug 2019
10
The Supreme Court Of Ohio Rules That Defendants Need Not Plead An Arbitration Defense To Defeat Class Certification
Eventually, Plaintiff filed a motion to certify the case as a class action and PartsSource opposed the motion.
United States
20 Aug 2019
11
Cyber Restraints Of Trade In The New Era Of Digital Markets
An enforceable restraint of trade can be a key business asset, giving an employer time to recover when a senior employee has left the business for a competitor.
Australia
14 Aug 2019
12
Fifth Circuit Rules That The EEOC Can't Mess With Texas Over Criminal Background Checks
Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC's 2012 "Enforcement Guidance
United States
13 Aug 2019
13
It's Easy To See: 20/20 A Clear Win For Employers In The Fifth Circuit
In 20/20 Communications, Inc. v. Crawford, the Fifth Circuit joined eight other circuits in holding that the availability of class arbitration is a "gateway" issue for courts, not arbitrators, to decide—
United States
30 Jul 2019
14
Seyfarth Shaw Policy Matters Newsletter - July 25, 2019
Last week, President Trump tweeted his intent to nominate Eugene Scalia as Secretary of Labor.
United States
29 Jul 2019
16
Court Holds That NY's Prohibition Of Arbitration Agreements Is Preempted By Federal Law
In April 2018, as part of a sweeping set of reforms to sexual harassment law, New York State enacted a provision to its civil procedure code stating that employers are prohibited from including
United States
9 Jul 2019
17
The Supreme Court Will Take Another Look At Its Erisa Stock-Drop Pleading Standard
Synopsis: ERISA stock-drop litigation has diminished in recent years due to the Supreme Court's Dudenhoeffer decision (and a rising stock market).
United States
9 Jul 2019
18
What Employers Can Expect With The EEOC (Video)
As we approach the latter portion of the fiscal year, employers are beginning to see a significant spike in EEOC case filings over the last month or so, bringing the EEOC more in line with its relative aggressiveness...
United States
28 Jun 2019
19
Use It Or Lose It: Supreme Court Rules That Failure To Exhaust Defense Must Be Prompt
Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII's requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule,
United States
25 Jun 2019
20
Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over
Plaintiff also submitted declarations from three other over-50 employees at the Chattanooga plant.
United States
21 Jun 2019
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