Category Archives: Litigation

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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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