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Labor & Employment Civil Remedies Civil Procedure

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Employees May Seek Treble Damages From NC Employer In Class Action Over Phishing Scam

by Poyner Spruill LLP on

By now, you’ve surely been warned of so-called “phishing” e-mails. The failure to heed such warnings may become more costly for North Carolina employers. According to a recent federal court decision, an employee who is...more

Welcome to The Garden State: NJ’s Law Against Discrimination Grows to Protect Non-Resident Employees

by Genova Burns LLC on

A New Jersey appellate court recently held that a non-resident employee who telecommuted to her New Jersey employer from her home in Massachusetts may be covered by the New Jersey Law Against Discrimination (NJLAD). Facts -...more

Hiring “Independent Contractors” Just Became Even Riskier in California

The California Supreme Court has unanimously ruled in Dynamex Operations West, Inc. v. Superior Court of Los Angeles that all workers are employees unless proven otherwise. Notably, the Court has made it much more difficult...more

California Supreme Court Appears to Buck Decades of Authority Regarding Independent Contractors

by Allen Matkins on

In Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court shifted its focus regarding how to determine if workers are properly classified as employees or independent contractors under California's wage...more

California Supreme Court Changes Rules for Classifying Workers as Independent Contractors by Adopting ABC Test in Some...

by Morgan Lewis on

The April 30 ruling adopts the more stringent “ABC test” to distinguish between independent contractors and employees for purposes of claims based on California’s Wage Orders. Because satisfying this test is more difficult...more

Louisiana Court Clarifies Prescriptive Period Under State Employment Discrimination Law

The Louisiana First Circuit Court of Appeal recently ruled that the statute of limitations under Louisiana’s anti-discrimination law is only tolled during the pendency of an administrative or investigative review, not to...more

Bad news for jackpot damages: Wrotham Park and the Supreme Court

by White & Case LLP on

The uncertain prospect of an award of "Wrotham Park" damages, seen by its critics as "jackpot damages", while being advanced by claimants who struggle to establish economic loss, has historically been unnerving for litigators...more

California Supreme Court to Provide Guidance on Meal and Rest Breaks

by Hinshaw & Culbertson LLP on

The California Supreme Court may soon provide health-care providers rare and much needed clarification concerning their wage and hour practices. It will do so in response to the Ninth Circuit’s request for guidance on the...more

Pennsylvania Supreme Court Affirms $1.6 million Whistleblower Award

by Barley Snyder on

According to the Pennsylvania Supreme Court, damages in a whistleblower suit aren’t limited to wage loss. The court last week ruled that the Pennsylvania Whistleblower Law permits an award of non-economic damages for items...more

Attorneys’ Fees Denied To Plaintiff Even Though He Proved His Termination Was Substantially Motivated By His Disabilities

by Low, Ball & Lynch on

Bustos v. Global P.E.T., Inc., et al., - Fourth Appellate Court of Appeal, No. E065869 (Jan. 16, 2018) - The California Court of Appeals affirmed the denial of attorneys’ fees for an employee despite the jury finding...more

Darting Ahead: California Supreme Court Adopts New Formula for Flat Sum Bonuses

For decades, many employers across California relied upon established federal law governing the calculation of overtime compensation on bonuses. Under federal law, the same set of rules apply to flat sum bonuses (i.e., set...more

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

March Misclassification Madness: Misclassification Updates in the Gig Economy

by Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

by Fisher Phillips on

The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute

The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more

Second Circuit and Seventh Circuit are in Agreement - Sex Discrimination Includes Sexual Orientation

by Poyner Spruill LLP on

The Second Circuit Court of Appeals recently issued an opinion in Zarda v. Altitude Express and held that Title VII provides protection from discrimination and harassment because of an individual’s sexual orientation. The...more

Texas Supreme Court: Error to Exclude Video Without Viewing

by Strasburger & Price, LLP on

“If, as it is often said, a picture is worth a thousand words, then a video is worth exponentially more. Images have tremendous power to persuade, both in showing the truth and distorting it.” Diamond Offshore Serv. Ltd. v....more

Sixth Circuit Says Title VII Protects Transgender Employees

On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more

Second Circuit Prohibits Sexual Orientation Discrimination

by Murtha Cullina on

In a significant decision reflecting the evolution of Title VII of the Civil Rights Act of 1964, the United States Court of Appeals for the Second Circuit, which covers Connecticut, New York and Vermont, has ruled in Zarda v....more

Key California Employment Law Cases: February 2018

by Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Second Circuit rules Title VII prohibits discrimination based on sexual orientation

by Dentons on

The question of whether Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination has led to a split among the circuit courts of appeals, with the Seventh Circuit holding that Title VII prohibits...more

Appeals court continues narrow interpretation of Oklahoma’s non-solicitation statute

by McAfee & Taft on

Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Key California Employment Law Cases: January 2018

by Payne & Fears on

This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages....more

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

by Tucker Arensberg, P.C. on

Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

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