Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Employment Law Commentary: Unpaid Internships: A Prevalent Practice Called into Question -- Volume 24, No. 5 May 2012

by Morrison & Foerster LLP on 5/23/2012

An unpaid internship for a college student has almost become a rite of passage. Many advocates, however, charge that unpaid internships are just a form of unpaid labor, regardless of the benefits enjoyed by students and...more

Under FEHA, Partner Can Sue Partnership For Retaliating Against Her For Opposing Sexual Harassment of An Employee

by Barger & Wolen on 5/23/2012

Liability for prohibited “employment practices” under the California Fair Employment and Housing Act (FEHA) generally requires the existence of an employment relationship. In a discrimination case, for example, there must...more

8th Circuit — Defining the “Regular Occupation,” and the Language Needed to Confer Discretion

by Lane Powell PC - ERISA Law on 5/23/2012

We all know that ERISA disability claim decisions can hinge on the definition of the claimant’s “regular occupation” or “own occupation.” But how do you define a claimant’s “regular occupation”? Must you use the...more

Second Circuit = The Avengers? Judges Create Alter Ego Liability

by Pullman & Comley, LLC on 5/23/2012

Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court...more

Clarifying the Presumption Against Extraterritoriality: California Northern District Court Rejects the Application of Federal and...

by Ropes & Gray LLP on 5/23/2012

In a decision issued on May 3, Judge Edward M. Chen of the U.S. District Court for the Northern District of California dismissed – with prejudice – the bulk of federal and California state wage and hour allegations made...more

Labor: EEOC issues final rule on reasonable factors other than age under the ADEA: The burden is on the employer to prove this...

by Potter Anderson & Corroon LLP on 5/22/2012

Originally published in InsideCounsel.com on May 21, 2012 On March 30, the Equal Employment Opportunity Commission (EEOC) published its final rule, meant to clarify the “reasonable factors other than age” (RFOA) defense...more

Retiree Benefit System that Disproportionately Benefits Men is Not Necessarily a Violation of Title VII

by Barger & Wolen on 5/21/2012

In Wood v. City of San Diego, Janet Wood brought suit under Title VII of the Civil Rights Act of 1964, alleging the surviving spouse benefit provided by the City of San Diego to retired employees discriminated on the basis of...more

Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules

by Barger & Wolen on 5/21/2012

In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its...more

Personal Attendant Who Cared For Elderly Person Was Exempt From Overtime

by Proskauer - California Employment Law on 5/21/2012

Joy Cash, who is not a licensed or trained nurse, cared for Iola Winn, who is in her 90's, in Winn's home. After she left her employment, Cash sued Winn for failure to pay her overtime wages. Winn claimed that Cash was a...more

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

by Fraser Milner Casgrain LLP on 5/18/2012

The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more

Premarital Sex is Not Protected Under Title VII - But Pregnancy Is

by Akerman Senterfitt on 5/18/2012

Premarital sex is not protected activity under Title VII. But it can lead to pregnancy, which is a protected status under Title VII. Which raises the question: can an employer use an employee’s pregnancy as evidence of...more

Legal Alert: Minnesota Supreme Court Expands Sexual Harassment Cause of Action under State Law

by Ford & Harrison LLP on 5/18/2012

Executive Summary: Yesterday, the Minnesota Supreme Court concluded for the first time that a cause of action exists under the Minnesota Human Rights Act (MHRA) for a hostile work environment based on sex without evidence...more

Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment

by Cullen and Dykman LLP on 5/18/2012

Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries,...more

The ERISA Litigation Newsletter - May 2012

by Proskauer Rose LLP on 5/17/2012

In This Issue: - Editor’s Overview ...1 - Health Care Reform Remains Alive and Well as DOL Enforces ACA through Plan Audits ...2 - Class Warfare — ERISA Class Litigation in Light of Wal-Mart v....more

Forsythe, et al. v. ESC Fund Mgmt. Co. (U.S.) I, L.P., et al., C.A. No. 1091-VCL (Del. Ch. May 9, 2012) (Laster, V.C.)

by Potter Anderson & Corroon LLP on 5/16/2012

In this memorandum opinion concerning a proposed derivative settlement, the Court of Chancery determined that it would enter a final order approving the settlement and the plaintiffs’ fee award in 60 days unless the objectors...more

Home

Legal News

Find a Lawyer

Browse Subjects

Law Feeds

Pro Services

Civil Procedure – May 23, 2012

Narrowed by: Labor & Employment Law