Labor & Employment General Business Civil Procedure

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The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

Hospitalitas Newsletter - Winter 2014

In This Issue: - Marriott Fined $600,000 For Wi-Fi Jamming - Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more

Franchisor Liability for Franchisee Employment Decisions: The NLRB's General Counsel Addresses the Move to Expand the...

In July 2014, the National Labor Relations Board (NLRB) took the unexpected step of authorizing complaints against McDonald's USA, LLC and some of its franchisees for the franchisees' responses to employee protests. The Board...more

NLRB Reverses Board Precedent on Arbitration Deferral Standards

On December 15, 2014, a divided National Labor Relations Board (NLRB) - split along party lines - overturned 30-year-old precedent addressing standards for the deferral of certain unfair labor practice charges to contractual...more

Pa. Supreme Court: Non-Compete Restrictions Need Clarifying

The Pennsylvania Supreme Court has agreed to review Socko v. Mid-Atlantic Systems of CPA, Inc., a case of interest to employers regarding what consideration is necessary to support employee non-compete agreements. The court...more

Flash No. 44 - 2014 … A Year In Review

2014 was uncomfortably fast. When did you last write 2013 on a check or a letter by mistake? If you did, rest assured that you are not alone. So, while we still have a few weeks before we have to face the start of a new year...more

Sixth Circuit Upholds Venue Selection Clause in Pension Plan

The U.S. Court of Appeals for the Sixth Circuit upheld a pension plan’s venue selection clause and affirmed dismissal of the participant’s claims for benefits on the ground that such claims were not filed in the authorized...more

Court Rejects Manifest Disregard Of Law Claim

A district court in Pennsylvania has denied a motion to vacate a prior arbitration award based on the arbitrator’s alleged manifest disregard of the law, and instead granted a motion to confirm the award in a case arising out...more

EEOC’s Attempt to Limit Reach of Severance Agreements Hits Roadblock… Again

A federal judge in Colorado has once again stymied the EEOC’s efforts to successfully challenge an employer’s standard separation agreement as violating the Age Discrimination in Employment Act.  The decision in Equal...more

Often Overlooked, but Effective, Provisions to Consider for your Benefit Plans

The Issue: When benefits under welfare plans – such as health plans and disability plans – are denied, litigation frequently results. In the context of “self-funded” plans (in contrast to “fully insured” plans, which are...more

Update: New Jersey Supreme Court to Address Contractually-Shortened Statute of Limitation Provisions

Over the summer, we posted about an interesting New Jersey appellate court decision (Rodriquez v. Raymours Furniture) enforcing a provision in a job application that reduced the period in which an employee could sue an...more

UPDATE: Third Circuit Affirms Arbitrability of Dodd-Frank Retaliation Claim in Khazin v. TD Ameritrade Holding Corp., ___ F.3d...

In March, we wrote about a ruling out of the District of New Jersey enforcing an arbitration provision contained in an employment agreement that pre-dated Dodd-Frank. The court reasoned that to disregard a pre-Dodd-Frank...more

School Districts: New York State Court of Appeals Upholds Decision Invalidating Teacher Discipline (12/14)

In another blow to school districts’ ability to address problem teachers, the New York State Court of Appeals recently upheld the Appellate Division, Fourth Department decision in Kilduff v. Rochester City School District,...more

Court Reverses Denial Of Petition To Compel Arbitration

In Mahmud v. Ralph’s Grocery Company, No. B237636 CA 2/4 (Nov. 10, 2014), the California Second Appellate District reversed and remanded a trial court denying the petition of an employer (Ralph’s) to compel arbitration of a...more

Social Media and Non-Solicitation Covenants – Another LinkedIn Cautionary Tale, but this One for Employers

Those of you who joined us for our November 13 webinar on “Post-Employment Solicitation of Customers & Employees in the Social Media Age” will be interested in a recent social media-related non-solicitation case from...more

Jian Ghomeshi’s Lawsuit and the Current State of the Law on Civil Claims by Unionized Employees

Jian Ghomeshi has withdrawn his $55,000,000 lawsuit against his former employer, the CBC. The reasons Ghomeshi chose to drop the suit have not yet been made clear, but the current state of the law likely would have made his...more

Employer's "Super Policy" Against Harassment Requires Employer to Protect Employee Beyond That Which is Required by Law

A Costco employee suffered from Tourette's syndrome, and made complaints to management about the way his supervisors and others were treating him. He later filed charges with the Connecticut Human Rights Organization as well...more

LAG Schleswig-Holstein: Bestimmtheit einer Probezeitkündigung

Neu ist immer besser – dieser Grundsatz gilt im Arbeitsleben nur bedingt. Bisweilen stellt sich schon kurz nach Aufnahme einer neuen Tätigkeit heraus, dass es zwischen Arbeitgeber und Arbeitnehmer schlicht nicht „passt“....more

2014 Review of the year

Sandra Wallace, Partner and UK Employment Group Head, highlights the most important legislative and case law developments from 2014 and identifies the key cases to watch out for in 2015....more

Is a Licensed Securities Dealer a “Professional” Under Alabama Law Prohibiting Enforcement of Nonsolicitation Agreements Against...

The Alabama Court of Civil Appeals released a slip opinion on May 16, 2014 addressing enforcement of a nonsolicitation agreement against a licensed securities broker. See G.L.S. & Associates, Inc., and G.L. Smith &...more

Court Enforces Five-Year Noncompete Agreement in Connection With Sale of Business

Employers drafting and seeking to enforce noncompete agreements struggle with structuring the temporal and geographic scope of the proposed noncompete covenant. The Texas Supreme Court has wrestled over the last few years to...more

“Would You Like Joint-Employer Liability With That?” McDonald’s Serves as a Cautionary Tale for Franchisors and Other Potential...

The National Labor Relations Board Office of the General Counsel has investigated charges alleging McDonald’s franchisees and their franchisor, McDonald’s, USA, LLC, violated the rights of employees as a result of activities...more

Not in My Kitchen – California Supreme Court Decertifies Golden State Boring Case

On November 11, 2014, the California Supreme Court rejected the recent California Court of Appeals decision Golden State Boring & Pipe Jacking, Inc. v Eastern Municipal Water District, 228 Cal.App.4th 273 (2014) which we...more

Not All Vice Presidents Are Officers and Entitled to Corporate Indemnification

Aleynikov v. Goldman Sachs Grp., Inc. - Addressing the meaning of the term “officer” in a company’s bylaws, the U.S. Court of Appeals for the Third Circuit vacated a district court’s summary judgment that a computer...more

Considerations for Employee Benefit Programs That Benefit Employers and Employees

Employers must compete in the marketplace for talented employees at every level—both in recruitment and retention. It is thus in employers’ best interests to provide employee benefit plans that are attractive to employees and...more

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