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EEOC Won’t Get its Prescription Filled at CVS: Case Challenging its Releases Granted Summary Judgment

On October 7th, a federal district judge granted summary judgment against the U.S. Equal Employment Opportunity Commission (EEOC) in its lawsuit against CVS. The EEOC had challenged the nation’s largest integrated provider of...more

10/14/2014 - Civil Rights Act CVS EEOC Employer Liability Issues Summary Judgment Title VII

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

10/3/2014 - Discrimination EEOC Equal Pay Act Port Authority Sex Discrimination Wages

It Might be Mechanical, But It’s Exempt: Court Dismisses Temp Document Reviewing Attorneys’ Overtime Collective Action

A district court in New York dismissed the putative collective action filed by a contract attorney who performed document review for Skadden, Arps, Slate, Meagher and Flom LLP (“Skadden”) for fifteen months. See Lola v....more

9/22/2014 - Contract Attorneys FLSA Putative Class Actions Unpaid Overtime

To Your Health: California Enacts Broad Sick Leave Law

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), making California only the second state to require paid sick leave. In a press release, the Governor’s...more

9/15/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave

Obama Executive Order Places New Burdens and Restrictions on Federal Contractors

In an unwelcome, mid-summer surprise for the business community, President Obama signed the Fair Pay and Safe Workplaces Executive Order on Thursday July 31, 2014 requiring federal contractors to report violations of federal...more

8/6/2014 - Arbitration Contractors Employee Rights Executive Orders Fair Pay and Safe Workplaces Federal Contractors Sexual Assault Sexual Harassment Title VII

A 40 Hour per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job...more

6/25/2014 - Employer Liability Issues FLSA Unpaid Interns Volunteers Young Lawyers

Home Sweet Home: 6th Circuit Rules that Showing up for Work is not Required

Changes in telecommuting practices may be around the corner for many employers, as the recent 2-1 decision in EEOC v. Ford Motor Co., 2014 FED App. 0082P (6th Cir. 2014) may usher in significant changes in what constitutes a...more

6/18/2014 - ADA Disability EEOC Employer Liability Issues Ford Motor Reasonable Accommodation Telecommuting

Babysitters at the Gate: The Supreme Court’s Radical Expansion of SOX’s Whistleblower Protections

Yesterday, in Lawson v. FMR LLC, a divided U.S. Supreme Court decided its first case addressing the whistleblower protections of the Sarbanes-Oxley Act (SOX). The question before the Court: do those protections extend only to...more

3/6/2014 - Contractors Corporate Counsel Fidelity Investments FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

Off the Playground, Out of the Locker Room, and into the Office: How to Combat Workplace Bullies

The Miami Dolphins recently have come under intense scrutiny amid allegations that coaches encouraged defensive guard Richie Icognito to bully teammate Jonathan Martin in an effort to “toughen” him up. The alleged bullying...more

11/27/2013 - Anti-Harassment Policies FEHA Internal Controls NFL NLRA OSHA Richie Incognito Workplace Bullying

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

11/13/2013 - Civil Rights Act Discrimination EEOC Employee Rights ENDA Gender Identity Sexual Orientation Sexual Orientation Discrimination Title VII

Better Late Than Never: The New York State Department of Labor Finally Issues Regulations on Permissible Wage Deductions

Almost one year after the New York Labor Law was amended to expand the scope of permissible wage deductions, on October 9, 2013, the New York Department of Labor has finally issued regulations that allow employers to take...more

10/14/2013 - DOL Overpayment Wage Deductions Wages

Fifth Circuit Defines "Whistleblower" Narrowly Under Dodd-Frank

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision....more

7/22/2013 - Anti-Retaliation Provisions Dodd-Frank SEC Whistleblower Protection Policies Whistleblowers

Whistleblower Law Developments

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision....more

7/19/2013 - Anti-Retaliation Provisions Dodd-Frank SEC Whistleblowers

The Buck Stops Here!: Gristedes Foods CEO May Be Personally Liable for FLSA Claims

Last week, in Irizarry v. Catsimatidis, Docket No. 11-4035-cv (July 9, 2013), the Second Circuit held that Gristedes Foods CEO—and current NYC mayoral candidate—John Catsimatidis faces personal liability for settlement...more

7/16/2013 - Employer Liability Issues FLSA Grocery Stores Personal Liability Settlement

U.S. Supreme Court Adopts a Narrow Definition of a Supervisor in Harassment Claims

Resolving a split among the circuits, the U.S. Supreme Court held that a “supervisor” for Title VII harassment liability is limited to those who have the power to take a tangible employment action against the alleged victim...more

6/27/2013 - EEOC Harassment Hiring & Firing SCOTUS Supervisors Title VII Vance v. Ball State University

U.S. Supreme Court Rejects the Mixed-Motive Analysis in Retaliation Claims

The U.S. Supreme Court held on Monday that a plaintiff alleging retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that retaliation was the “but-for” reason for an adverse employment...more

6/27/2013 - But For Causation Discrimination Racial Discrimination Religious Discrimination Retaliation SCOTUS Title VII UT Southwestern Medical v Nassar

Fifth Circuit to Consider In Re D.R. Horton in Light of Recent Court of Appeals Decision Striking Down Recess Appointments to NLRB

A recent D.C. Circuit Court of Appeals decision striking down several recess appointments to the National Labor Relations Board has cast doubt over one of the NLRB’s most controversial decisions from 2012....more

2/6/2013 - Barack Obama Canning v NLRB D.R. Horton D.R. Horton v NLRB NLRA NLRB Pro Forma Sessions Recess Appointments

Duty to Disclose for Employers Claiming “Competitive Disadvantage” in Labor Negotiations

In a divided opinion published on December 4th, the U.S. Court of Appeals for the D.C. Circuit provided a reminder that employers should always be prepared to substantiate representations made during labor negotiations and...more

12/7/2012 - NLRB Unions

Ringing in the New Year: New California Laws Taking Effect in 2013

As the new year rounds the corner, it is important to stay abreast of the ever-changing legal landscape in California. We’ve previously posted about some recent amendments to the California Labor Code here but here are a...more

12/4/2012 - Social Media

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