News & Analysis as of

Discovery Employer Liability Issues

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

Seyfarth Shaw LLP

From Leniency to Scrutiny: The New FLSA Certification Landscape

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Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al....more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

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Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Fox Rothschild LLP

New Demands for Disclosure Impact Employment Litigation in California

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Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

Perkins Coie

Washington Evaluates the Standard for Corporate Executive Depositions

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The Washington Supreme Court recently considered whether it would adopt the "apex doctrine." This doctrine is a framework used by some courts to evaluate whether a party may take the deposition of a company's executives and...more

Array

Don’t Slack on Slack data retention

Array on

Employee communication methods have undergone a dramatic makeover during the past five years — indeed, it sometimes seems, from month to month. Slack, a collaboration tool for workplaces, has been among the forces upending...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

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Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

Constangy, Brooks, Smith & Prophete, LLP

Whose text is it, anyway? Maybe yours!

Must an employer preserve business-related text messages between employees using their personal cell phones? Can a judge punish an employer for failing to do so? According to a federal judge in Texas, the answer to the first...more

Reveal

Best Practices, Scenarios, and Tools for Optimal Outcomes

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From a human resources (HR) perspective, the workplace is full of landmines. From combatting sexual harassment allegations to providing reasonable accommodations for people with disabilities, employers have their work cut out...more

Genova Burns LLC

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

Genova Burns LLC on

On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

Butler Snow LLP

Warning: No Fishing Allowed! – Pt. 2: No, They Can’t Catch Cell Phones Either

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Previously, we analyzed the proper scope for discovery requests that asked for employee drug and alcohol test results.  In this article, we analyze a far more potent discovery substance—cell phone data....more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA

Fisher Phillips on

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Littler

Ontario, Canada Court Strikes Employer’s Defence in Wrongful Dismissal Action After it Continuously Avoids Scheduling its...

Littler on

In Ferguson v. Yorkwest Plumbing Supply Inc., 2022 ONSC 4792, an employee who commenced a wrongful dismissal action via Ontario’s Simplified Procedure rules was granted an order striking the employer’s statement of defence...more

Miles Mediation & Arbitration

Top 3 Keys to Settling Your Wage and Hour Class/Collective Action at Mediation

Wage cases are stressful for everyone involved. Workers, sometimes representing a large, similarly situated group, feel as though they were systematically underpaid. Employers often feel as though they tried to comply with...more

Proskauer - Labor Relations Update

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more

Proskauer - California Employment Law

House of Cards: What Employers Can Learn From Kevin Spacey’s Alleged Missteps

Kevin Spacey’s legal troubles have taken a costly turn as the production companies behind Netflix’s House of Cards recently asked a California court to confirm an arbitration award of almost $31 million against Spacey for...more

Jackson Walker

Impact of the Fifth Circuit’s Swales Decision on the FLSA Collective Action Certification Process

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Employers confronted with Fair Labor Standards Act (FLSA) claims as to their operations in Texas, Louisiana, or Mississippi should take note of a new decision by the United States District Court for the Northern District of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Confirms Trial Courts’ Inherent Power to Strike or Limit Unmanageable PAGA Lawsuits

On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC, delivering a welcome victory to employers battling representative actions under the Private Attorneys...more

Butler Snow LLP

Tennessee Federal Court Enjoins Misuse of Employer’s Trade Secrets

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Misappropriation of trade secrets claims often turn on whether the information that was taken is truly a “trade secret.” In considering whether information is a trade secret, courts consider a number of factors, including...more

Epiq

Best Practices for Tackling Internal Investigations in the Era of Remote Work

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In a time where it seems like everyone is working remote, at least to some degree, it is more challenging to navigate internal investigations. When the pandemic struck, many organizations did not have time to create a...more

Proskauer - Labor Relations Update

Requiring Employees to Maintain the Confidentiality of Arbitration Proceedings Held to be Lawful Under the NLRA…For Now

In a recent decision by the NLRB, the Board upheld the lawfulness, in part, of an arbitration agreement that required employees to maintain the confidentiality of the arbitration proceedings, including the discovery process...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Sets New Standard for Certifying FLSA Collective Actions

On January 12, 2021, the Fifth Circuit Court of Appeals issued a landmark decision rewriting the rules for obtaining certification in collective actions under the Fair Labor Standards Act (FLSA). In Swales v. KLLM Transport...more

Jackson Walker

Fifth Circuit Requires District Courts to Follow More Stringent Standard to Certify FLSA Collective Actions

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On January 12, 2021, the United States Court of Appeals for the Fifth Circuit issued a groundbreaking decision announcing that district courts should “rigorously enforce” a more stringent standard for the certification of...more

Association of Certified E-Discovery...

Business Considerations for COVID Era Workplaces Related to Employment Law and eDiscovery

With the outbreak of COVID-19, all have been impacted, particularly in the workplace. Many have been furloughed or laid off. Others have transitioned to work-from-home, and essential workers have had to find ways to safely...more

Polsinelli

Med-Staff Newsletter - October 2020 | VOL 5

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The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment...more

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