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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

by Littler on

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more...more

Pensions Newsletter – October 2017

Welcome to the 19th issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice....more

“Legitimate Business Interests” Justifying Non-Competes Are Not Limited to those Listed in Statute

by Cozen O'Connor on

On September 14, 2017, the Florida Supreme Court, in White v. Mederi Caretenders Visiting Services of S. E. Florida, LLC, et. al., 2017 WL 4053930, 42 Fla. L. Weekly S 803a (Fla. 2017) issued a ruling finding that referral...more

Top Five Labor Law Developments For September 2017

by Jackson Lewis P.C. on

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

Georgia Court Of Appeals Confirms Non-Solicitation of Employees Covenant Need Not Have Geographic Or Material Contact Language

by Jackson Lewis P.C. on

As previously noted in Jackson Lewis’ Non-Compete & Trade Secrets Report, Georgia adopted legislation governing restrictive covenant agreements entered into on or after May 11, 2011. This law, however, does not address...more

Intern Or Employee? When “Take Your Children To Work” Day Backfires

by Jackson Lewis P.C. on

In late April each year, tens of millions of employees and millions of employers participate in Take Your Sons and Daughters to Work Day. Of course, the vast majority of the child participants are elementary school kids, or...more

An early Halloween trick for Connecticut's public-sector labor unions: Will Janus V. AFSCME, Co. 31 be the end of the agency shop?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and...more

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

Summary Judgment Win for Insurer in “Stable Value” Interest Rate Setting Case

by Carlton Fields on

In July, MetLife obtained a win in the Northern District of Illinois when the court granted summary judgment in its favor on a claim that it had breached the duty of good faith and fair dealing in setting interest rates for a...more

Compensation Policies Under Scrutiny: Federal Court Conditionally Certifies Class of Female Faculty Physicians in EPA Case

On September 28, 2017, the U.S. District Court for the Central District of Illinois granted conditional collective action certification in Ahad v. Board of Trustees of Southern Illinois University, a case under the Equal Pay...more

Key California Employment Law Cases: September 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

Second Circuit Enforces Arbitration Agreement In Favor Or Non-Party Whose Agent Entered Into That Agreement

by Carlton Fields on

The Second Circuit has affirmed an order compelling a plaintiff-employee to arbitrate his employment related claims against Carnival Cruise Lines, despite the fact that the one page employment agreement that he signed did not...more

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

by McGuireWoods LLP on

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more

Continued Employment Isn’t Always Sufficient – Minnesota Requires Additional Consideration For Non-Compete With Current Employee

by Jackson Lewis P.C. on

The Minnesota federal district court recently refused to enforce a non-compete agreement, in part, because the employer failed to establish that the agreement was supported by valuable consideration. The decision, issued on...more

New Mexico Court Rules Employee Is Entitled To Nationwide Discovery In FMLA Case

by Jackson Lewis P.C. on

On October 10, 2017, Judge Ritter issued the Memorandum Opinion and Order which granted a former employee’s Motion to Compel and held that the former employee was entitled to information from the company’s nationwide offices...more

Employees Entitled To Pay During Short Breaks Per Precedential Third Circuit Decision

In a recent and precedential decision by the Third Circuit, employers are obligated to pay their employees for breaks of 20 minutes or less under the Fair Labor Standards Act. In an opinion penned by Third Circuit Judge,...more

Another Off-the-Clock Case Felled by Time Study

by BakerHostetler on

Last week, we discussed the decision of the Northern District of California in Rodriguez v. Nike Retail Services, Inc., Case No. 14-cv-01508-BLF (N.D. Cal. Sept. 12, 2017), in which the employer’s use of a time study resulted...more

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

by Baker Donelson on

On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the...more

Federal Court Declines to Overturn $780,000 Jury Verdict in Favor of Employer’s Argument that Application for SSDI Trumps the ADA

by Baker Donelson on

In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by...more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

by Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Supreme Court to Resolve Current Split of Authority Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration...

by Snell & Wilmer on

Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. Generally speaking,...more

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more

Federal Court Strikes DOJ's Risk Adjustment False Claims Act Case - For Now

by Pepper Hamilton LLP on

On October 5, a federal district court in California dealt a significant setback to the government’s efforts to extend False Claims Act (FCA) liability to Medicare risk adjustment submissions....more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

The Macron Ordinances - Topic 1: New Rules on Dismissals

by White & Case LLP on

New rules to reform French employment law, as announced in our previous client alert of September 19th, 2017, have been published in the French official journal on September 23rd, 2017. Some measures are immediately...more

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