Mark Batten

Mark Batten

Proskauer Rose LLP

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Massachusetts AG Advises on Domestic Violence Leave Act

The Massachusetts Attorney General recently issued an Advisory regarding the new Domestic Violence Leave Act, which was passed on August 8, 2014. The Advisory helped to clarify some of the requirements of the Act....more

11/25/2014 - Domestic Violence FMLA Leave of Absence New Guidance

The Ninth Circuit Provides Employers With An Assist In Dismissing FLSA Actions

Employers have long known that the Supreme Court’s decisions in Twombly and Iqbal provide them with a powerful weapon in moving to dismiss broadly worded complaints filled with conclusory allegations but little factual...more

11/18/2014 - Corporate Counsel FLSA Minimum Wage Pleading Standards SCOTUS Unpaid Overtime

Massachusetts Passes Paid Sick Leave Law

On November 4, 2014, Massachusetts joined the growing list of states to guarantee paid sick leave for employees. According to the new law (a ballot question passed by voters), employees may use earned sick leave to care for a...more

11/14/2014 - Employee Rights New Legislation Paid Leave Sick Leave

Massachusetts Paid Sick Time

Rhode Island recently has followed Connecticut in mandating paid sick time, and now bills pending in Massachusetts and Vermont may spread the requirement through New England. New York and the District of Columbia also...more

3/10/2014 - Employee Rights Paid Leave Sick Leave

New York Court of Appeals Clarifies Important Questions about Tip-sharing Statute

On June 26, 2013, New York's highest court for the first time weighed in and ruled on what types of employees are qualified to participate in tip-splitting or tip-pooling arrangements under the New York Labor Law, as well as...more

6/28/2013 - DOL Restaurant Industry Tip-Pooling Wages

Second Circuit Mandates Arbitration For Title VII Class Action

The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate...more

3/28/2013 - Arbitration Arbitration Agreements Class Action Discrimination Federal Arbitration Act Gender Discrimination Goldman Sachs Title VII

Supreme Court: Certification Requires Class-wide Proof of Damages

The dissent in today’s Supreme Court decision on class certification, Comcast Corp. v. Behrends, argues that “the decision should not be read to require, as a prerequisite to certification, that damages attributable to a...more

3/28/2013 - Class Action Class Certification Comcast Damages SCOTUS

Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes

Since the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), plaintiffs in wage and hour cases have urged courts to ignore the decision, arguing that it only applies to discrimination...more

3/18/2013 - Discrimination Dukes v Wal-Mart Rule 23 SCOTUS Wage and Hour

Wang v. Chinese Daily News: the Ninth Circuit Takes A Step

We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after...more

3/6/2013 - Class Action Class Certification Dukes v Wal-Mart FLSA Over-Time Rest and Meal Break Wage and Hour Wang v Chinese Daily News

Seventh Circuit Holds That Individualized Damages Preclude Certification

On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification...more

2/7/2013 - Class Action Class Certification Class Representatives Damages DirectSat FLSA Unpaid Overtime Wages

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