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Ryan T. Warden

Ryan T. Warden

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.


Latest Publications

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Non-Probationary Employee Not Proper Comparator For Probationary Employee, Third Circuit Holds

In Mercado v. Donahoe, No. 11-2972, 2012 U.S. App. LEXIS 13226, (3rd Cir. June 26, 2012), the plaintiff, a probationary part-time employee, sued his employer alleging that he had been discriminated against on the basis of his...more

8/16/2012 - Discrimination Probationary Period Racial Discrimination Sex Discrimination Substantially Similar

Conditional Certification Of FLSA Misclassification Claim Denied By New Jersey District Court To Putative Class Of Assistant Store...

In Harriel v. Wal-Mart Stores, Inc., No. 11-2510 (MLC), 2012 U.S. Dist. LEXIS 97527, (D.N.J. July 13, 2012), the District Court of New Jersey denied the plaintiff’s motion for conditional certification as an FLSA collective...more

8/16/2012 - Class Action Class Certification FLSA Misclassification Non-Exempt Employees Wal-Mart

Unreviewed NJDOL Determination Not Binding In Subsequent Lawsuit, New Jersey District Court Rules

In Kiernan v. AAA Mechanical, Inc., No. 10-4421 (MLC), 2012 U.S. Dist. LEXIS 90655, (D.N.J. June 29, 2012), the plaintiff sued her employer for overtime compensation under the New Jersey Wage and Hour Law shortly after the...more

8/16/2012 - Unpaid Overtime Wage and Hour Wages

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave Or Engages In Misconduct During Leave, Third Circuit Holds

In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights. The employer asserted it terminated...more

8/16/2012 - FMLA FMLA Abuse Hiring & Firing Termination

Employer Not Required To Accommodate Bus Driver’s No Sunday Work Request, Third Circuit Holds

In Fouche v. New Jersey Transit, No. 11-3031, 2012 U.S. App. LEXIS 14524, (3rd Cir. July 16, 2012), a bus driver sued his employer under Title VII and the New Jersey Law Against Discrimination for refusing to accommodate his...more

8/16/2012 - Discrimination Reasonable Accommodation Religious Discrimination Title VII Undue Hardship

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