Kevin Smith

Kevin Smith

Sheppard Mullin Richter & Hampton LLP

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What is Retaliation in the Second Circuit Under the FLSA?

On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to...more

5/22/2015 - Adverse Employment Action Appeals FLSA Internal Reporting Protected Activity Retaliation

New York Court Finds That Plaintiff Who Never Worked a Day For Company Is Not Entitled To A $350,000 Performance Bonus

On January 20, 2015, the United States District Court for the Southern District of New York issued a decision plainly reminding employers of the importance of precisely drafting employment documents. In the case of In re...more

2/3/2015 - Conditional Job Offers Corporate Counsel Employment Contract Hiring & Firing Lehman Brothers Offer Letters Performance Incentives

Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law

On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his...more

1/27/2015 - Adverse Employment Action Appeals Discrimination Employer Liability Issues Human Rights Protected Class Religious Discrimination Title VII Town of New Castle

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use...more

10/24/2014 - After-Acquired Evidence Appeals Discrimination Employer Liability Issues Hiring & Firing Termination Title VII Willful Misconduct

Third Circuit Says Classwide Arbitration a Matter for Courts to Decide

The U.S. Court of Appeals for the Third Circuit ruled last week that courts, not arbitrators, should determine whether an agreement between two parties to arbitrate employment disputes allows for classwide arbitration....more

8/8/2014 - Appeals Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Employer Liability Issues

Second Circuit Finds that Entry-Level Audit Associates at Accounting Firm are Exempt from Federal Overtime Requirements

In Pippins v. KPMG LLP, No. 13-889 (2d Cir. July 22, 2014), the Second Circuit Court of Appeals unanimously held that entry-level audit associates (“Plaintiffs”) at KPMG LLP qualify for the Fair Labor Standards Act’s (“FLSA”)...more

8/4/2014 - Audits Employee Rights FLSA KPMG Over-Time Unpaid Overtime

Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer

On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that...more

7/21/2014 - Appeals Corporate Counsel Discrimination Employer Liability Issues Race Discrimination Summary Judgment

Another Circuit Court Finds President's NLRB Recess Appointments Unconstitutional

Last month, the United States Court of Appeals for the Fourth Circuit raised the stakes on what has become one of the most prominent topics in the labor law community in recent times with its 2-1 decision in National Labor...more

8/12/2013 - Barack Obama NLRB Recess Appointments

New Jersey Supreme Court Expands State Law Retaliation Claims

On July 17, 2013, the Supreme Court of New Jersey expanded the state’s already broad Law Against Discrimination (LAD), holding that an employee’s complaints about inappropriate workplace conduct need not identify any specific...more

7/22/2013 - Adverse Employment Action Anti-Discrimination Policies Anti-Retaliation Provisions Harassment Protected Activity Sexual Harassment

Second Circuit Imposes Individual Liability on New York Mayoral Candidate for Fair Labor Standards Act Settlement

On July 9, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Torres et al. v. Gristedes Operating Corp. et al., Case No. 11-4035, affirming the Southern District of New York’s imposition of...more

7/15/2013 - Employer Liability Issues FLSA Labor Disputes Liability Political Campaigns Political Candidates

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