Category Archives: Litigation

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California Supreme Court’s Kirby Decision: If Money Talks, is This Another Post-Brinker Blow to Meal and Rest Period Claims?

On April 30, 2012, the California Supreme Court issued a decision holding that the fee shifting provisions of California Labor Code sections 128.5 and 1194 do not apply to claims for wages made pursuant California Labor Code section 226.7 for failure to authorize meal and/or rest periods. Kirby v. Immoos Fire Protection, Inc., ____ Cal. 4th ___ (2012).… Continue Reading

OSHA Alert – February 1 Deadline for OSHA 300-A

The OSHA Standard for Reporting and Recording Occupational Injuries and Illnesses, 29 C.F.R. § 1904, requires that certain employers track work related illnesses and injuries of their employees throughout the year, and post the summaries of those injuries from the previous year from February 1 to April 30. OSHA's deadline for employers to post their annual summary of injuries and illnesses is February 1, 2012. … Continue Reading

Social Media Posts and Concerted Activity

In the last several months, the National Labor Relations Board (“NLRB”) has attracted attention by issuing complaints against employers who disciplined or discharged employees for posting comments on Facebook or other social media criticizing the employer (see NLRB A ‘Twitter Over Employers’ Social Media Policies, and Social Media in the Workplace – The Social Media … Continue Reading

New Remedies Under ERISA for Employees Harmed by Misinformation

Employers providing employees with benefits subject to ERISA have a duty to provide accurate benefit information to employees. As with many areas of ERISA, the definition of “inaccurate” information and the consequences to employers for providing inaccurate information has been unclear. The United States Supreme Court addressed this gray area of ERISA in CIGNA Corp. … Continue Reading

Social Media and Discovery: Accessing Password Protected Material

Social media is everywhere, including, with increasing frequency, in lawsuits, particularly those involving employment-related claims. For example, employers sued by potential, current, and former employees are seeking social media information to learn if on-line postings by those employees on social media sites contradict statements or contentions made by them in their lawsuit. For their part, … Continue Reading

The Ever Increasing Size of Class Action Lawsuits

Recently, it seems, class action lawsuits against employers are getting bigger. Firms that in representing plaintiffs are targeting companies with class action litigations, in particular lawsuits alleging gender discrimination. These lawsuits allege gender discrimination against a few women combined with evidence designed to show a pattern of discrimination against women throughout the company to create a plaintiff … Continue Reading

Transgender Man Challenges Firing From Male-Only Job

A job discrimination suit recently brought under the New Jersey Law Against Discrimination (“NJLAD”) challenges an employer’s decision to terminate a transgender man from a “male-only” position. Urban Treatment Associates in Camden, New Jersey, hired El’Jai Devoureau as a part-time urine monitor, but terminated him after his supervisor discovered that his assigned sex at birth … Continue Reading

Second Circuit: Pharmaceutical Sales Representatives Are Entitled To Overtime

  On June 6, the Second Circuit ruled that pharmaceutical sales representatives (“PRs”) were entitled to overtime under the FLSA because they did not meet the requirements of either the outside sales employees or administrative exemptions. Employers who treat outside salespersons as exempt under either exemption may want to reexamine their policies in light of the … Continue Reading

The End of Class Arbitration?

Many employers require that employees agree in writing to arbitrate any disputes that may arise in connection with their employment. The reason is simple: arbitrating employment disputes usually is less expensive and provides a quicker resolution than litigation. However, like litigation, arbitration can sometimes be unpredictable. This presents a problem because, unlike litigation, it is … Continue Reading
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