Seyfarth Synopsis: The U.S. Court of Appeals for the Third Circuit recently addressed what’s been called the “queen of all threshold issues” in arbitration law: does a court or an arbitrator decide whether an agreement...more
Seyfarth Synopsis: In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific...more
9/15/2020
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Constructive Discharge ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Harassment ,
Motion to Compel ,
Unenforceable Contract Terms
Seyfarth Synopsis: In Skuse v. Pfizer, Inc., the New Jersey Supreme Court held that an employee’s continued employment can be deemed to be assent to the terms of an employer’s arbitration agreement.
...more
Seyfarth Synopsis: The NJ Supreme Court issues its combined opinion in two cases that we previously blogged about (Colon v. Strategic Delivery Solutions, LLC and Arafa v. Health Express Corporation)...more
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
12/10/2019
/ Carve Out Provisions ,
Confidentiality Agreements ,
Corporate Counsel ,
Court Approval ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Interlocutory Appeals ,
Offer of Judgment ,
Rule 41 ,
Rule 68 ,
Settlement Agreements ,
Settlement Negotiations ,
Stipulated Judgment ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The DOL’s ARB rejected an employee’s SOX retaliation claim where he inadvertently provided information to his employer and only “hinted” that he was filing a SOX-protected complaint. The ARB seems unwilling...more
11/13/2019
/ Administrative Law Judge (ALJ) ,
Administrative Review Board ,
Adverse Employment Action ,
Disclosure ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Fraud ,
Hiring & Firing ,
HMOs ,
Internal Reporting ,
Overpayment ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination