Lynne Hermle

Lynne Hermle

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


The Gay Marriage Decision: Support for Title VII Employment Discrimination Claims?

Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the...more

7/8/2015 - Anti-Discrimination Policies Corporate Counsel Discrimination Equal Protection Marriage Marriage Equality Obergefell v. Hodges Popular Same-Sex Marriage SCOTUS Sex Discrimination Title VII

Oh, F*©k No: Administrative Law Judge Rules that Employees’ Expletive-Laced Facebook Posts are not Protected Under the National...

With the increasing prominence of social media, employers have been rightfully concerned about the impact of employees’ out-of-work statements on the work place—particularly when it comes to the reputation of the employer. In...more

11/20/2013 - NLRA NLRB Protected Concerted Activity Social Media Social Media Policy

Court Strikes Down Proposed Class of Female Wal-Mart Employees – Again!

After suffering defeat in the United States Supreme Court, Plaintiffs in Dukes et al. v. Wal-Mart Stores, Inc. returned to court in California in an attempt to certify a newly defined and smaller class of 150,000 current and...more

8/13/2013 - Class Action Class Certification Discrimination Disparate Impact Dukes v Wal-Mart Gender Discrimination Gender-Based Pay Discrimination Job Promotions SCOTUS Title VII Wal-Mart

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions. In jurisdictions that...more

5/7/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 SCOTUS

Supreme Court To Clarify Key Issues Regarding The Permissibility Of Class Arbitration

In the last several years, the enforcement of agreements to arbitrate disputes, whether between businesses or between businesses and their employees, has become a hotly contested issue in the courts. The U.S. Supreme Court...more

12/11/2012 - American Express Class Action Arbitration Waivers Class Arbitration Oxford Health

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