Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to...more
Plaintiffs’ counsel frequently speak of the “low” burden necessary at first stage for conditional certification under the FLSA. However, a recent decision from the Eastern District of New York highlights that plaintiffs may...more
With little fanfare, the EEOC quietly announced on February 18, 2016 its adoption of new “Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties.” Importantly, the...more
As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more
1/8/2016
/ Americans with Disabilities Act (ADA) ,
AutoZone ,
Corporate Counsel ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Jury Instructions ,
Popular ,
Reasonable Accommodation ,
Wellness Programs ,
Young Lawyers
As we previously blogged about, the EEOC has gone on the offensive challenging employer severance agreements. In one such case, the EEOC attacked CVS Pharmacy Inc.’s standard release agreement which contained terms more...more
It is once again that time of year when we remind our clients with operations in New Jersey of their obligation to distribute certain required notices to their employees.
First, those employers with 10 or more employees,...more
We have previously blogged about the impact of the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015). As we predicted, the true impact of Mach Mining will not be known until...more
Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action...more
We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be...more
10/30/2015
/ ADEA ,
Age Discrimination ,
Conciliation ,
Corporate Counsel ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Mach Mining v EEOC ,
Motion for Reconsideration ,
Popular ,
SCOTUS ,
Separation Agreement
In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks.
1. Could you provide a brief snapshot of current trends in...more
9/21/2015
/ Bring Your Own Device (BYOD) ,
Cloud Computing ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Data Protection ,
Data Theft ,
e-Discovery ,
Economic Espionage Act ,
Electronically Stored Information ,
Employee Privacy Rights ,
European Economic Area (EEA) ,
Hiring & Firing ,
Misappropriation ,
Mobile Device Management ,
Mobile Devices ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets
In a case we previously blogged about here where the Court refused to grant Plaintiffs’ request for equitable tolling on their claims under the Equal Pay Act (“EPA”), Magistrate Judge Michael Dolinger recently issued a...more
In EEOC v. Consol Energy, Inc. et. al., Case No. 1:13-CV-215 (S.D. W. Va. Aug. 21, 2015), a jury found in favor of the EEOC in its claim brought under Title VII that the employer denied an employee a religious accommodation...more
As we have noted in previous posts (most recently, here), courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements. Some parties have responded to...more
In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...more
8/5/2015
/ 42 U.S.C. §1983 ,
Amended Complaints ,
Collective Bargaining ,
Disparate Impact ,
Equal Protection ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Leave to Amend ,
Motion to Dismiss ,
Pleadings ,
Public Housing Authorities ,
Race Discrimination ,
Subject Matter Jurisdiction ,
Summary Judgment ,
Wage and Hour
Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more
Our loyal blog readers may recall a post we authored in October 2013 regarding EEOC v. JBS USA, LLC (the “Nebraska Case”), where Chief Judge Laurie Smith Camp of the U.S. District Court for the District of Nebraska entered...more
7/24/2015
/ Adverse Employment Action ,
Affirmative Defenses ,
Collateral Estoppel ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Estoppel ,
Food Manufacturers ,
Religious Accommodation ,
Religious Discrimination ,
Retaliation ,
Title VII ,
Undue Hardship
In a decision worth reading for all class action practitioners, especially those who face Equal Pay Act (“EPA”) issues, Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York denied equitable...more
Amid the flurry of major U.S. Supreme Court decisions that were decided towards the end of the 2014-2015 term, the landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015), seems like ancient history. As we...more
With Wimbledon in full swing, and the U.S. Open just a few weeks away, the Second Circuit awarded game, set and match to the U.S. Tennis Association in a challenge to the independent contractor status of the tournament’s...more
In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more
As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees...more
In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that oral complaints of a violation of the Fair Labor Standards Act can constitute protected activity under the FLSA’s...more