Second Circuit holds employees get disability accommodations even if not necessary to perform their job -
In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of...more
Connecticut declines to restrain departed founder from using client list -
A Connecticut federal judge in TJT Capital Group, LLC v. Timothy McFadden denied an investment adviser’s motion for a temporary restraining order...more
4/2/2025
/ American Civil Liberties Union (ACLU) ,
Appeals ,
Artificial Intelligence ,
Disability Discrimination ,
Employment Discrimination ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Race Discrimination ,
Restrictive Covenants ,
Trade Secrets
Seventh Circuit upholds forfeiture-for-competition provision in restricted stock unit agreement -
A Seventh Circuit panel, in LKQ Corporation v. Rutledge, held that an employer could enforce a “forfeiture-for-competition”...more
Effective January 1, 2025, all private sector employers in New York State are required to provide paid prenatal leave for employees to attend prenatal appointments or obtain health care services during or related to their...more
Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint -
In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more
1/6/2025
/ Appeals ,
Arbitration Agreements ,
Arbitration Awards ,
Arizona ,
Blue Pencil Contract Modification ,
Confidential Information ,
Counterclaims ,
DE Supreme Court ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Rules of Evidence ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Settlement ,
Settlement Negotiations ,
Sexual Harassment ,
Tortious Interference ,
Whistleblowers
In May 2024, two TD Bank entities (“TD Bank”) sued two former employees and their new employer Raymond James Financial Services, Inc. and one of its subsidiaries (together, “Raymond James”) in Connecticut federal court,...more
12/4/2024
/ Arbitration ,
Compensatory Damages ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Financial Industry Regulatory Authority (FINRA) ,
Injunctive Relief ,
Non-Solicitation Agreements ,
Punitive Damages ,
Religious Accommodation ,
Restrictive Covenants ,
Sexual Assault ,
Sexual Harassment ,
Termination ,
TRO ,
Vaccinations ,
Wage and Hour
A private equity (PE) firm’s primary objective is to generate returns on its investments. When a PE firm acquires a portfolio company (PortCo), one way the PE firm increases its returns is by making employment-related...more
11/27/2024
/ Acquisitions ,
ADEA ,
Compensation ,
Grandfathered Obligations ,
Incentives ,
Investment ,
Layoffs ,
Leadership ,
Liability ,
Outsourcing ,
Portfolio Companies ,
Pre-Employment Agreements ,
Private Equity Firms ,
Reorganizations ,
WARN Act
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act to prohibit mandatory arbitration of sexual harassment and sexual assault claims. In Doe v. Second...more
11/1/2024
/ Arbitration ,
Consumer Financial Protection Bureau (CFPB) ,
Expedited Funds Availability Act (EFAA) ,
Fair Credit Reporting Act (FCRA) ,
Federal Arbitration Act ,
Federal Trade Commission (FTC) ,
Mandatory Arbitration Clauses ,
Reverse Discrimination ,
SCOTUS ,
Sexual Assault ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour
In Nunez v. Syncsort Incorporated, a Massachusetts court held that a retention bonus did not constitute not “wages” under the Massachusetts Wage Act (the “Wage Act”). The plaintiff-employee alleged that his former employer...more
10/4/2024
/ Compensation ,
Employee Retention ,
Federal Arbitration Act ,
Holiday Pay ,
Liquidated Damages ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Sexual Harassment ,
Title VII ,
Vacation Pay ,
Wage Act ,
Wages
On September 9, 2024, the Securities and Exchange Commission (“SEC”) announced it settled enforcement actions against seven public companies for alleged violations of its whistleblower protection rule in their...more
In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act -
Under Connecticut’s civil rights law, an...more
9/4/2024
/ Americans with Disabilities Act (ADA) ,
Bullying ,
Conflicts of Interest ,
CT Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fiduciary Duty ,
Harassment ,
Hostile Environment ,
Non-Compete Agreements ,
SCOTUS ,
Sexual Harassment ,
Social Media ,
Supervisors ,
Title VII ,
Vance v. Ball State University ,
Vicarious Liability
On August 20, 2024, U.S. District Judge Ada Brown from the Northern District of Texas issued a decision setting aside the Federal Trade Commission’s (“FTC”) non-compete ban (the “Rule”) and prohibiting the FTC from enforcing...more
Arbitration agreement deemed inapplicable where plaintiff plausibly alleged sexual harassment claim -
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ( “EFAA”) amended the Federal...more
8/1/2024
/ Arbitration ,
Commodity Exchange Act (CEA) ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Employment Discrimination ,
Employment Litigation ,
Enforcement ,
Federal Arbitration Act ,
FinTech ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Sexual Assault ,
Sexual Harassment
CFTC charges employer with failing to include whistleblower carveout in agreements with employees -
Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more
7/3/2024
/ Carve Out Provisions ,
CFTC ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
OSHA ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment -
The New Jersey Supreme Court unanimously held that...more
6/4/2024
/ Confidentiality Agreements ,
DE Supreme Court ,
Employment Discrimination ,
Employment Litigation ,
Groff v DeJoy ,
Harassment ,
NJ Supreme Court ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Reasonable Accommodation ,
Retaliation ,
SCOTUS ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Title X ,
Undue Hardship
Employer sues former traders for using an allegedly confidential trading strategy but loses bid for emergency injunctive relief.
On April 12, Jane Street Group LLC (“Jane Street”) sued two of its former traders and...more
New York State and New York City Human Rights Laws May Protect Out-of-State Applicants -
On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more
On March 20, 2024, a significant amendment to New York City’s Earned Safe and Sick Time Act (“ESSTA”) will take effect that gives New York City employees the right to sue employers in court for violations of ESSTA.
Under...more