The US Supreme Court issued a unanimous decision on June 29, 2023 in Groff v. DeJoy, revising the standard for undue hardship in the context of religious discrimination claims brought under Title VII. The Court held that an...more
7/5/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
USPS
The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more
In Skuse v. Pfizer Inc., the New Jersey Supreme Court allows continued employment as a means for consent to an agreement to arbitrate and confirms online communication and delivery to employees regarding arbitration...more
8/20/2020
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Pfizer ,
State and Local Government ,
State Labor Laws
New Jersey Governor Phil Murphy signed six bills into law on January 20, all targeting the use of independent contractors. The new laws give the New Jersey Department of Labor and Workforce Development (NJLWD) considerably...more
The amended New Jersey WARN Act will impose significantly stricter obligations (including potential individual liability) and make New Jersey the first state to mandate severance pay to employees separated as a result of...more
In Epic Systems Corp. v. Lewis, the US Supreme Court ruled in a 5-4 decision on May 21 that arbitration agreements with class and collective action waivers required as a condition of employment are enforceable under the...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The New Jersey Legislature passed a bill that makes it an unlawful employment practice to pay employees of a protected class a different rate of compensation from nonclass members for “substantially similar” work unless that...more
The order invalidates the US Department of Labor’s revisions to the Fair Labor Standards Act regulations for the executive, administrative, and professional overtime exemptions....more
The regulations were scheduled to go into effect on December 1.
On November 22, a judge from the US District Court for the Eastern District of Texas issued an order enjoining, on a national basis, all but a few parts of...more
Following the SEC’s lead, OSHA recently announced new guidelines that it will consider when deciding whether to approve settlement agreements reached during OSHA investigations of whistleblower claims....more
In 6-2 decision, the US Supreme Court rejected a challenge to a jury verdict in Tyson Foods v. Bouaphakeo but declined to impose a broad rule for use of representative evidence.
On March 22, the US Supreme Court affirmed...more
4/5/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
The position could expose more putative employers to potential liability under the Fair Labor Standards Act.
In an Administrator’s Interpretation (AI) issued on January 20, the US Department of Labor’s (DOL’s) Wage and...more
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
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
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
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
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
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
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
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
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
High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions.
...more
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