Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...more
Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more
3/6/2020
/ Absenteeism ,
Attorney's Fees ,
Breach of Contract ,
Bristol-Myers Squibb ,
Class Action ,
Forum ,
Forum Selection ,
Forum Shopping ,
Fraud ,
FRCP 12(b)(2) ,
FRCP 12(f) ,
General Jurisdiction ,
Implied Warranties ,
Injunctive Relief ,
Jurisdiction ,
Magnuson-Moss Act ,
Motion to Dismiss ,
Omissions ,
Personal Jurisdiction ,
Product Defects ,
Punitive Damages ,
Retailers ,
Unjust Enrichment
Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more
1/20/2020
/ Adequacy Requirement ,
Article III ,
Chipotle Grill ,
Class Action ,
Class Certification ,
Class Members ,
Commonality ,
Conflicts of Interest ,
Employment Litigation ,
Employment Policies ,
English-Only Rules ,
Fast-Food Industry ,
FEHA ,
Food Service Workers ,
Former Employee ,
FRCP 23 ,
Harassment ,
Injury-in-Fact ,
Job Promotions ,
Labor Law Violations ,
Managers ,
National Origin Discrimination ,
Numerosity ,
Restaurant Industry ,
Retaliation ,
Standing ,
Supervisors ,
Typicality
Seyfarth Synopsis: Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull...more
6/25/2019
/ Affirmative Action ,
Bias ,
Civil Rights Act ,
Compensation & Benefits ,
Corporate Counsel ,
Employer Liability Issues ,
Google ,
Hiring & Firing ,
OFCCP ,
Pay Equity Laws ,
Reverse Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour
Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from...more
6/4/2019
/ Article III ,
Class Action ,
Class Certification ,
Class Members ,
Dish Network ,
Do Not Call List ,
Invasion of Privacy ,
Settlement ,
Standing ,
TCPA ,
Telemarketing
Seyfarth Synopsis: In early September of 2017, Judge Richard Posner announced his retirement from the U.S. Court of Appeals for the Seventh Circuit, a position he had held since his appointment by President Reagan in 1981. ...more
Seyfarth Synopsis: A federal district court last week decertified and effectively grounded a collective action of O’Hare Airport janitorial staff who claimed that their employer forced them to work off-the-clock without...more
Seyfarth Synopsis: In what is being billed as the “largest and strongest TCPA settlement in history,” Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs’ counsel a...more
4/14/2017
/ ATDS ,
Attorney's Fees ,
Class Action ,
Corporate Counsel ,
Cruise Ships ,
Employer Liability Issues ,
Popular ,
Robocalling ,
Settlement ,
TCPA ,
Text Messages
Seyfarth Synopsis: In McCaster v. Darden Restaurants, the Seventh Circuit affirmed the District Court’s order denying class certification of claims for denial of earned vacation benefits at separation and granting summary...more
1/10/2017
/ Appeals ,
Class Certification ,
Corporate Counsel ,
Eligibility ,
Employee Benefits ,
Forfeiture ,
Full-Time Employees ,
Part-Time Employees ,
Summary Judgment ,
Vacation Pay ,
Vesting ,
Wage and Hour
Many employers, particularly in the hospitality industry, pay tipped employees less than the minimum wage. They do so anticipating that tipped employees will receive tips from customers that push employees’ income above...more
On November 19, 2015, the EEOC released its annual 2015 Performance and Accountability Report (“PAR”). The Report reflects the progress of the EEOC’s continued efforts to meet the enforcement priorities outlined in its 2012...more
Whereas Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), its saga continues as former class members continue to pursue class claims in regional forums. As we previously...more