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Caveat Employer: A Word of Caution When Drafting Non-Disparagement Provisions

The D.C. Circuit Court of Appeals’ opinion in Wright v. Eugene & Agnes E. Meyer Foundation raises some concerns with otherwise limited non-disparagement provisions, which we discuss below.  The D.C. Circuit Court of...more

A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule - Update

UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more

Mach Mining Continuing to Make its Mark: Second Circuit Holds that Review of EEOC Pre-suit Investigation Extremely Limited

An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before...more

Second Circuit Synchs Up With its Sister Courts: Now Says Employees May Premise FLSA Retaliation Claim on Oral Complaints to...

This week, in Greathouse v. JHS Security, Inc., the Second Circuit Court of Appeals held that employees may pursue a Fair Labor Standards Act retaliation claim premised upon an oral complaint to their employer – a clear...more

Sixth Circuit Decision Refusing to Enforce Collective Action Waiver Included in Separation Agreement Remains Intact; Supreme Court...

This week, the Supreme Court disappointed many employers by declining to determine whether the Fair Labor Standards Act does or does not provide employees with a non-waivable substantive right to bring a collective action. ...more

Second Circuit Court of Appeals Holds That Supreme Court’s Comcast Decision Does Not Prohibit Class Certification Where Damages...

The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action...more

Employers: Don’t Forget About the Possibility of Associational Discrimination Liability

A case out of a New York State appeals court should remind employers that they may liable for discrimination where they take an adverse action against an employee based on the employee’s association with someone in a...more

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