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E.D.N.Y. Finds Retailer Cannot “Pick-off” FLSA Plaintiffs With Incomplete Rule 68 Offer of Judgment

Anjum v. J.C. Penney Co., Inc., No. 13-CV-0460 (E.D.N.Y. Oct. 9, 2014): The Eastern District of New York held that a group of opt-in plaintiffs could pursue their Fair Labor Standards Act (FLSA) collective action even though...more

11/3/2014 - Collective Actions FLSA Offer of Judgment Rule 68 Rules of Civil Procedure

New York City Human Rights Law Expanded To Protect Unpaid Interns

On April 15, 2014, New York City Mayor Bill de Blasio expanded protection under the New York City Human Rights Law (NYCHRL) to include unpaid interns. The amendment effectively overturns the U.S. Southern District of New...more

5/1/2014 - Employer Mandates New Amendments NYCHRL Unpaid Interns

Major League Baseball Volunteers Are not Employees Under the FLSA

On March 26, 2014, the District Court for the Southern District of New York dismissed John Chen’s proposed Fair Labor Standards Act (FLSA) collective action against Major League Baseball (MLB) alleging that MLB had failed to...more

4/10/2014 - Employee Rights FLSA MLB Volunteers

Second Circuit Holds That EEOC Charge Does Not Toll State Law Tort Claims

Castagna v. Luceno, No. 13-0796-CV (2d Cir. Mar. 5, 2014): In a case of first impression, the Second Circuit Court of Appeals joined the Seventh and Ninth Circuits, and a majority of district courts, holding that filing...more

4/1/2014 - Discrimination EEOC State Law Tort Claims Statute of Limitations Title VII Tolling

Religious Freedom, Contraceptive Services, and The ACA: The Dilemma of the Self-Certification Provision

On February 21, 2014, the Seventh Circuit Court of Appeals, in a 2-to-1 decision, denied a preliminary injunction enjoining the federal government from enforcing the self-certification provisions of the Affordable Care Act...more

3/31/2014 - Affordable Care Act Class Certification Contraceptive Coverage Mandate Employee Benefits ERISA Freedom of Religion Healthcare RFRA TPAs

Second Circuit Confirms LMRDA Only Protects “Members In Substance”

Brady v. International Brotherhood of Teamsters, No. 13-cv-2038 (2d Cir. Feb. 3, 2014): The Second Circuit Court of Appeals affirmed the lower court’s dismissal of a Labor-Management Reporting and Disclosure Act (LMRDA) claim...more

2/28/2014 - Disclosure Requirements LMRDA Reporting Requirements Unions

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