UPDATE: The U.S. Supreme Court held a special hearing on January 7, 2022, and is expected to rule soon on whether OSHA may proceed with its Emergency Temporary Standard for large employers. The Court is also considering...more
In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more
1/16/2018
/ ADEA ,
Age Discrimination ,
But For Causation ,
Dodd-Frank ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Title VII ,
UT Southwestern Medical v Nassar ,
Whistleblowers
As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more
4/10/2017
/ Blacklist ,
Browning-Ferris Industries of California Inc. ,
Congressional Review Act ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Ernst & Young v Morris ,
Federal Contractors ,
Fiduciary Rule ,
Joint Employers ,
McLane Co. v EEOC ,
Minimum Wage ,
Misclassification ,
Neil Gorsuch ,
NLRA ,
NLRB ,
Over-Time ,
Persuader Rules ,
Preliminary Injunctions ,
Right to Work ,
SCOTUS ,
Secretary of Labor ,
Sexual Orientation Discrimination ,
State and Local Government ,
Strategic Enforcement Plan ,
Title VII ,
Trump Administration ,
White-Collar Exemptions
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more
3/26/2016
/ Admissible Evidence ,
Calculation of Damages ,
Class Action ,
Class Certification ,
Class Members ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
A Note from the Editors -
If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more
2/12/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Employee Privacy Rights ,
EU ,
European Court of Human Rights ,
Fair Labor Standards Act (FLSA) ,
Mootness ,
Non-Disparagement Provisions ,
Private Communications ,
Reporting Requirements ,
Rule 68 ,
SCOTUS ,
Wellness Programs
Just last week Mintz Levin presented a webinar on how employers can use arbitration agreements as a tool to avoid exposure to wage and hour and other class actions. The thesis of the webinar was that recent Supreme Court and...more