Elise Bloom

Elise Bloom

Proskauer Rose LLP

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Second Circuit Revives Contract Attorney’s Misclassification Suit

On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower...more

7/28/2015 - Appeals FLSA Independent Contractors Misclassification Over-Time Putative Class Actions Remand Unpaid Overtime Vacated Wage and Hour White-Collar Exemptions

Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits

On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al. v. The Hearst Corp., the two unpaid intern lawsuits heard...more

7/9/2015 - Appeals Class Action Class Certification Classification DOL FLSA Internships Misclassification Unpaid Interns

Supreme Court Rules That Agency Interpretive Rules Are Not Subject to Notice-and-Comment Rulemaking

Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of...more

3/18/2015 - Administrative Procedure Act DOL FLSA Interpretive Rule Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process Wage and Hour

New York Court of Appeals Clarifies Important Questions about Tip-sharing Statute

On June 26, 2013, New York's highest court for the first time weighed in and ruled on what types of employees are qualified to participate in tip-splitting or tip-pooling arrangements under the New York Labor Law, as well as...more

6/28/2013 - DOL Restaurant Industry Tip-Pooling Wages

Supreme Court Adopts "But For" Causation Standard for Title VII Retaliation Claims

On June 24, 2013, the Supreme Court ruled that a plaintiff in a Title VII retaliation case must prove that the retaliation was the "but for" cause of the employer's adverse action. University of Texas S.W. Med. Ctr. v....more

6/26/2013 - But For Causation Discrimination Racial Discrimination Religious Discrimination Retaliation SCOTUS Title VII UT Southwestern Medical v Nassar

Supreme Court Adopts an Employer-Friendly Definition of "Supervisor" for the Faragher/Ellerth Analysis

On June 24, 2013, the United States Supreme Court issued its opinion in Vance v. Ball State University, No. 11-556, 570 U.S. ___ (2013), holding that an employee is a "supervisor" for purposes of vicarious employer liability...more

6/26/2013 - Discrimination EEOC Harassment Hiring & Firing Racial Discrimination SCOTUS Supervisors Title VII Vance v. Ball State University Vicarious Liability

Supreme Court Reinforces Strict Standard of Review of Affirmative Action Programs

In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court vacated the Fifth Circuit's decision upholding a university's affirmative action plan that considered race as one of the factors in its...more

6/26/2013 - Affirmative Action College Admissions Diversity Fisher v University of Texas SCOTUS Strict Scrutiny Standard Universities

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