On June 3, 2019, the Supreme Court ruled that Title VII’s administrative exhaustion requirement is not a jurisdictional predicate for litigation and that an employer who fails to raise this defense has waived it.
In a...more
6/6/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
On December 8, 2017, the United States Court of Appeals for the Second Circuit issued a decision in favor of Hearst Corporation (“Hearst”) in the Wang v. Hearst Corp intern classification case. The Court addressed the proper...more
12/22/2017
/ Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Hearst ,
Internships ,
Media ,
Misclassification ,
Printed Publications ,
Unpaid Interns ,
Wage and Hour
The New York State Court of Appeals and New York City recently provided additional guidance for – and imposed additional requirements on – New York employers that use independent contractors.
In In re Yoga Vida NYC, Inc....more
11/9/2016
/ Appeals ,
Control Test ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Independent Contractors ,
Misclassification ,
Prompt Payment ,
Reversal ,
Unemployment Insurance ,
Unemployment Insurance Appeals Board
On February 10, 2015, the United States Court of Appeals for the Second Circuit decided Roach v. T.L. Cannon Corporation, resolving the question of how the Supreme Court’s Comcast Corp. v. Behrend decision should be...more