Eric Raphan

Eric Raphan

Sheppard Mullin Richter & Hampton LLP

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Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

7/28/2015 - Appeals Class Action Class Certification Classification Collective Actions DOL Employee Definition Federal Rules of Civil Procedure FLSA Fox Searchlight Pictures Hearst Multi-Factor Test Primary Beneficiary Test Rule 23 Unpaid Interns Wage and Hour

[Event] Sheppard Mullin's Spring 2015 Labor & Employment Law Update - May 5, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: - Leading Court Decisions and Key Legislative Developments in 2015 - Psychological Disabilities...more

5/4/2015 - Arbitration Continuing Legal Education Disability Employee Benefits Employee Rights Employer Liability Issues Events Hiring & Firing Mediation Misclassification NLRB Reasonable Accommodation Whistleblowers

The NLRB’s Changes to Representation Case Procedures

Beginning on April 14, 2015, the National Labor Relations Board’s (“NLRB” or the “Board”) new representation case procedural rules will be applied to all representation petitions filed thereafter....more

4/16/2015 - Ambush Election Rules NLRB Union Elections Unions

New Jersey Looks to Limit Use of Criminal History in Hiring Decisions

On Monday, December 16th, the New Jersey Assembly Labor Committee advanced the Opportunity to Compete Act, a new bill that would prohibit New Jersey employers from inquiring about criminal history on a job application or...more

12/23/2013 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants

Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay

In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had previously been an unsettled issue in the Circuit, held that the Fair Labor...more

3/22/2013 - FLSA Gap Time Minimum Wage Over-Time Pleading Standards Wage and Hour

Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis

In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more

3/11/2013 - Arbitration Arbitration Agreements Class Action Collective Action Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act FLSA JPMorgan Chase NLRA NLRB Torres v United Healthcare Services

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more

12/12/2012 - Arbitration Arbitration Agreements Class Action FINRA FLSA Statutory Rights Wages

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