Jonathan Sterling

Jonathan Sterling

Carlton Fields

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Are Class Action Waivers Enforceable?

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more

2/14/2017 - Arbitration Arbitration Agreements Case Consolidation Certiorari Class Action Class Action Arbitration Waivers Collective Actions Epic Systems Corp v Lewis Ernst & Young Federal Arbitration Act Mandatory Arbitration Clauses Murphy Oil USA NLRA NLRB SCOTUS

Worth the Wait?: SCOTUS to Hear Argument on Enforceability of Class Action Waivers in Employment Contracts in 2017 Term

As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more

2/13/2017 - Arbitration Arbitration Agreements Case Consolidation Class Action Class Action Arbitration Waivers Epic Systems Corp v Lewis Ernst & Young Mandatory Arbitration Clauses Murphy Oil USA NLRA NLRB SCOTUS

Connecticut Workers’ Compensation Carriers May Pursue Justice

Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more

10/24/2016 - Appeals Bodily Injury Construction Industry Employees Employer Liability Issues Equitable Subrogation Indemnity Insurance Insurance Industry Insurance Litigation Workers Compensation Awards Workers' Compensation Claim Workplace Injury

DOL Raised The Bar: Final White Collar Overtime Exemption Rule Doubles Salary Threshold - New rule is expected to change the...

The U.S. Department of Labor has unveiled the long-anticipated final version of its “white collar” overtime exemption rule, which becomes effective December 1, 2016. The final rule raises the minimum salary threshold...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Keep This Between Us—and the Government: Confidentiality of Witness Interviews in Corporate Internal Investigations

Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more

2/1/2016 - Collective Bargaining Corporate Investigations Internal Investigations NLRB Popular SEC Upjohn Warnings Whistleblowers White Collar Crimes

10 Tips for Minimizing Company Liability for Terminating Employees who Steal Trade Secrets

When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can...more

7/28/2015 - COBRA Compliance Computer Fraud and Abuse Act (CFAA) Employer Liability Issues Employment Policies Hiring & Firing Human Resources Professionals Misappropriation Popular Trade Secrets Uniform Trade Secrets Acts UTSA Young Lawyers

Who’s the Boss? In Policies Covering Multiple Insureds, the Details Matter

Liability policies for businesses are subject to a number of common exclusions; many, for example, do not cover liability to employees of the business who are injured on the job. Frequently, those policies do provide...more

7/27/2015 - Commercial General Liability Policies Commercial Property Owners Employer Liability Issues Insurance Industry Landlords PA Supreme Court Restaurant Industry

Laid-Off Chicago Teachers Clear Class Certification Hurdles

In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more

6/15/2015 - Board of Education Class Action Class Certification Dukes v Wal-Mart Educational Institutions Employment Policies Layoffs Race Discrimination Rule 23 Teachers Tenure

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more


Florida Court of Appeal: Photos on Facebook are Fair Game in Discovery

Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more

4/7/2015 - Discovery Facebook Photographs Slip and Fall Social Media Target

NLRB Rejects Ban On Personal E-mail At Work

On December 11, the National Labor Relations Board (NLRB) continued to intrude into the workplace by holding that employees have a right to use their employer's email system for union organizing purposes and other "concerted...more

12/18/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

Claims Handlers: It’s Time to Adjust Our Claims!

Many insurers have a longstanding practice of paying claims adjusters a set weekly salary, regardless of the number of hours they actually work. The practice has support in federal labor regulations; the regulations...more

9/23/2014 - Claims Adjusters Employer Liability Issues Exempt-Employees Farmers Insurance FLSA Insurance Industry Misclassification Non-Exempt Employees Wage and Hour

How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Liability & Minimum Wage Hikes

This webinar was designed to help employers keep up with recent developments in the rapidly-evolving area of wage and hour law compliance. These developments include ongoing efforts by federal and state leaders to increase...more

7/23/2014 - Compliance Contractors DOL Employee Rights Employer Liability Issues Minimum Wage Subcontractors Wage and Hour Wages

It May Be Time To Update That Social Media Policy: FFIEC Releases Social Media Guidance

On December 11, 2013, the Federal Financial Institutions Examination Council (FFIEC) released final supervisory guidance entitled "Social Media: Consumer Compliance Risk Management Guidance" (the Guidance). ...more

4/28/2014 - CFPB FFIEC NCUA Social Media Social Media Policy

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more


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