Thomas Linthorst

Thomas Linthorst

Morgan Lewis

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NJ Whistleblowers May Face Criminal Charges for Theft of Company Documents

The Supreme Court of New Jersey affirms an employee’s indictment for taking an employer’s confidential documents without authorization, allegedly to support discrimination and retaliation claims. In a decision issued on...more

6/26/2015 - CEPA Discrimination Evidence Indictments Public School Boards Retaliation

Hot Topics in Wage and Hour Compliance

Employers should consider these recommendations for handling uniform purchase and maintenance costs, unpaid interns, and minimum wage requirements. UNIFORM PURCHASE AND MAINTENANCE COSTS Problem/Issue Employees...more

6/9/2015 - FLSA Minimum Wage Sales Commissions Uniforms Unpaid Interns Wage and Hour

New Jersey Clarifies Independent Contractor Classification Test

The New Jersey Supreme Court’s decision defines a test that applies to employment classification disputes under the state’s Wage Payment Law and Wage and Hour Law....more

1/21/2015 - DOL Employee Definition Employer Liability Issues FLSA Independent Contractors Misclassification Wage and Hour

N.J. Supreme Court Rules that Consumer Arbitration Pact Is Invalid

The court found that the arbitration agreement failed to clearly and unambiguously advise that the plaintiff was giving up the right to pursue statutory claims in court....more

9/25/2014 - Arbitration Arbitration Agreements Waivers

New Jersey “Bans the Box” Statewide

New Jersey joins the ranks of states that prohibit certain criminal history inquiries during the hiring process. New Jersey’s Opportunity to Compete Act (OTCA), signed into law on August 11, is the latest among a...more

8/15/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

Arbitration Agreements with Class and Collective Action Waivers Enforced

Second Circuit applies Supreme Court's recent ruling in American Express case and further rules that the FLSA collective action procedure can be waived and class and collective action waivers do not violate the NLRA....more

8/16/2013 - American Express v Italian Colors Restaurant Class Action Class Action Arbitration Waivers Collective Actions FLSA NLRA NLRB SCOTUS

Fifth Circuit Limits SEC Whistleblower Program

Antiretaliation provisions only protect employees that provide information on violations of the securities laws to the SEC. On July 17, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Asadi v. G.E....more

8/5/2013 - Anti-Retaliation Provisions Compliance Dodd-Frank SEC Whistleblower Protection Policies Whistleblowers

Supreme Court Again Enforces an Arbitration Agreement with a Class Action Waiver

In American Express, Court rules that class action waivers may not be invalidated on the ground that individual arbitration is too expensive. On June 20, the U.S. Supreme Court issued its decision in American Express...more

6/24/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Supreme Court Upholds Arbitrator’s Decision Regarding Class Arbitration

Court holds that an arbitrator did not exceed his powers under the Federal Arbitration Act in finding that class procedures were authorized because the parties agreed that the arbitrator could decide the question....more

6/12/2013 - Arbitration Class Action Contract Interpretation Federal Arbitration Act SCOTUS

U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend

High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions. ...more

3/29/2013 - Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart SCOTUS

DOL Proposes Survey on Independent Contractor Misclassification

The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations. ...more

2/21/2013 - DOL Independent Contractors Misclassification Right To Know Surveys

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