Elise Bloom

Elise Bloom

Proskauer Rose LLP

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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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