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This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). ...more
New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more
Often, when faced with litigation, it can be difficult to assess potential exposure for defendants. While actual damages may be easy to calculate, treble damages, attorneys’ fee awards, and punitive damages significantly...more
On Friday, Magistrate Judge David R. Strawbridge of the Eastern District of Pennsylvania granted motions for Final Approval of Class Action Settlement and Award of Attorneys’ Fees and Reimbursement of Expenses in Kelly v....more
Earlier this month, a class representative for employees and prospective employees at Delta Airlines reached a proposed settlement with Delta. The settlement is awaiting court approval, but provides helpful context of the...more
This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks. EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more
A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC...more
In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA. In sum, the...more
In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more
New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more