There have been many significant developments in the first half of 2019 impacting private employers in New York and New Jersey. Federal, state, and local legislatures and agencies have been
Continue Reading Recapping the Many Legal Developments Affecting Private Employers in New York and New Jersey, So Far, in 2019
Supreme Court
Supreme Court Rejects Practice of Construing Fair Labor Standards Act Exemptions Narrowly
By Sarah R. Goodman on
Posted in Department of Labor, FLSA
On April 2, 2018, in a 5-4 decision, the United States Supreme Court held that automobile service advisors are not entitled to overtime pay. Although the precise holding is of…
Continue Reading Supreme Court Rejects Practice of Construing Fair Labor Standards Act Exemptions Narrowly
The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
By Brenda L. Rosales on
Posted in Arbitration, Wage & Hour
Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These…
Continue Reading The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
SCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers
By Jack Gearan & Todd Wozniak on
On Monday, June 26, 2017, the U.S. Supreme Court agreed to review whether the Dodd-Frank Act (DFA) prohibits retaliation against internal whistleblowers or only covers individuals who report to the…
Continue Reading SCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers
Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing
By Jack Gearan & Todd Wozniak on
Introduction
On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial…
Continue Reading Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing
“Nothing so Exhilarating as Being Shot at Without Result”—California Pay Day Statements and Accrued Vacation
By Michelle L. DuCharme on
Posted in Compensation, Wage & Hour
What does Winston Churchill have to do with California wage and hour requirements? Well, the “shot” at employers in Soto v. Motel 6 Operating L.P. at the California Court of…
Continue Reading “Nothing so Exhilarating as Being Shot at Without Result”—California Pay Day Statements and Accrued Vacation
Trial by Formula Revisited: Tyson Foods, Inc. v. Bouaphakeo and the Future of Wage & Hour Class Actions
By Michelle L. DuCharme on
Some important Supreme Court cases are hard to accurately capture in a sound bite, and this is one of them. In a narrow holding, the Supreme Court issued a 6-2…
Continue Reading Trial by Formula Revisited: Tyson Foods, Inc. v. Bouaphakeo and the Future of Wage & Hour Class Actions
Class Act: Supreme Court Invalidates State Court Rule Requiring Class Arbitration
Posted in Arbitration
Today, the U.S. Supreme Court again tackled the thorny issue of arbitration in light of the Federal Arbitration Act and struck down a California rule that effectively invalidated arbitration agreements that prevented class actions.
…
Continue Reading Class Act: Supreme Court Invalidates State Court Rule Requiring Class Arbitration
Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
Posted in Legislation
Today, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
…
Continue Reading Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
The End of Class Arbitration?
Posted in Litigation
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…
Continue Reading The End of Class Arbitration?