Mark Batten

Mark Batten

Proskauer Rose LLP

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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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