Mark Batten

Mark Batten

Proskauer Rose LLP

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Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test for Unpaid Interns

On September 11, 2015, the Eleventh Circuit became the first appellate court to address the standard for lawful unpaid internships since the Second Circuit’s ruling in Glatt et al. v. Fox Searchlight Pictures, Inc. et al....more

9/16/2015 - Class Action Corporate Counsel DOL FLSA Internships Misclassification Primary Beneficiary Test Unpaid Interns Wage and Hour

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court...more

9/11/2015 - Determination Letter Discrimination EEOC Enforcement Actions Gender Discrimination Gender-Based Pay Discrimination Job Promotions Judicial Review Remand Sex Discrimination Summary Judgment Title VII Vacated Wage and Hour

Second Circuit Revives Contract Attorney’s Misclassification Suit

On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower...more

7/28/2015 - Appeals FLSA Independent Contractors Misclassification Over-Time Putative Class Actions Remand Unpaid Overtime Vacated Wage and Hour White-Collar Exemptions

Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits

On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al. v. The Hearst Corp., the two unpaid intern lawsuits heard...more

7/9/2015 - Appeals Class Action Class Certification Classification DOL FLSA Internships Misclassification Unpaid Interns

Massachusetts Paid Sick Leave: New Regulations

The Massachusetts Attorney General recently released final regulations clarifying the Earned Sick Time law, a ballot initiative that passed in November 2014 guaranteeing employees paid sick leave. As discussed in our previous...more

6/30/2015 - Employee Rights New Regulations Paid Leave

Magistrate Recommends Denial of Class Certification in Goldman Sachs Gender Discrimination Suit

On March 10, 2015, a group of plaintiffs suing Goldman Sachs for gender discrimination suffered another setback in their attempt to certify a company-wide class in the case of Chen-Oster et al. v. Goldman, Sachs & Co., 10...more

3/20/2015 - Class Action Class Certification Gender Discrimination Goldman Sachs Rule 23(b)(3)

Supreme Court Rules That Agency Interpretive Rules Are Not Subject to Notice-and-Comment Rulemaking

Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of...more

3/18/2015 - Administrative Procedure Act DOL FLSA Interpretive Rule Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process Wage and Hour

Massachusetts Governor Signs Parental Leave Bill

On January 7, 2015, Governor Deval Patrick signed into law a Parental Leave bill, which significantly amends Mass. Gen. L. ch. 149, section 105D. Before the amendment, the Massachusetts Maternity Leave Act (“MMLA”) provided...more

1/19/2015 - Deval Patrick Employer Mandates New Legislation Parental Leave

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 FLSA Unpaid Overtime Wages

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