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Labor & Employment Civil Procedure

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

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

by Dorsey & Whitney LLP on

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...more

Are Your Social Media Recruitment Practices Discriminatory? Employers Facing Age Discrimination Class Actions

by Nilan Johnson Lewis PA on

Plaintiffs’ lawyers currently are threatening employers that recruit new employees via social platforms—Facebook, LinkedIn, etc.—with age discrimination class action lawsuits. The plaintiffs’ lawyers aggressively demand an...more

SCOTUS Won't Review Sexual Orientation Bias Case

The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day. This week the U.S. Supreme Court denied a petition for writ of certiorari filed by the plaintiff in Evans v. Georgia...more

First Circuit: The Best Offense Is A Good Defense?

by Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the...

by FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more

The Allegation Of Non-Arbitrable Private Attorney General Claims Does Not Prevent Arbitration Of Individual Claims Raised...

by Carlton Fields on

A contractual arbitration clause may not be avoided by the allegation of “private attorney general” claims that are not arbitrable on public policy grounds in conjunction with claims raised on an individual basis that would...more

Overseas Affiliate Not Subject to Title VII Jurisdiction

Employment laws and standards of conduct greatly vary from country to country. U.S. employees working overseas for their U.S. employer generally enjoy the same legal protections as if they were working at home. ...more

Full Eleventh Circuit Declines to Revisit Meaning of Race Under Title VII

Title VII of the Civil Rights Act of 1964 prohibits race discrimination in employment, but it does not define what race means. Over the past decade, the Equal Employment Opportunity Commission has shifted its definition of...more

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure to...

by Akerman LLP - HR Defense on

Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more

First Circuit Affirms Denial Of Motion To Compel Arbitration Of Non-Signatory Employee’s Wage And Hour Claims

by Carlton Fields on

As a condition of plaintiff Ouadani’s employment with defendant TF Final Mile LLC (f/k/a/ Dynamex Operations East, LLC (Dynamex)) as a delivery driver, Ouadani was required to associate with Dynamex’s vendor, Birtha Shipping...more

Refusal By Employer To Remove Letter Of Reprimand From Employee’s Personnel File Creates Viable Claim For Retaliation

by Jackson Lewis P.C. on

In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity...more

SCOTUS: Only Appeal Filing Deadlines Prescribed by Statute are “Jurisdictional”

by Robins Kaplan LLP on

On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more

Second Circuit Affirms Summary Judgment in Putative Internship Class

by BakerHostetler on

Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers reduced or eliminated internships, the flood of anticipated litigation never...more

Informing Illinois Newsletter - December 2017

by Hinshaw & Culbertson LLP on

Amendments to the State Officials and Employees Ethics Act - On November 17, 2017, the governor signed into law two measures that address sexual harassment in the Illinois state Capitol. Applicable to local governmental...more

Google Dodges Gender Discrimination Class Action For Now

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ellis v. Google, Inc., No. CGC-17-561299 (Cal Sup. Ct. Dec. 4, 2017), Judge Mary Wiss of the Superior Court of California granted a motion to dismiss a class action lawsuit brought by Google employees...more

LinkedIn Activity May Violate Non-Solicitation Agreements

by Pepper Hamilton LLP on

Q: A former employee has invited some of her former co-workers and clients to connect on LinkedIn. Is this a violation of her non-solicitation agreement with our company? ...more

Class Actions: Maximum Wage and Hour and Other Developments

by Benesch on

Any entity with a sizable hourly workforce is a potential target for class action lawsuits, especially those that do business in California. Many in senior management have a horror story about an inadvertent failure to put...more

Superior Court Explains How To Prove Fees

by Morris James LLP on

The Boeing Company v. Spirit Aerosystems Inc., No. N14C-12-055 EMD CCLD (Dec. 5, 2017) - This decision explains the process and proof required to establish the amount of a fees award....more

Google It: Pay Equity Class Action Complaint Dismissed

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case of its kind under the California Fair Pay Act, a court dismissed a pay equity class claim against Google, holding that alleging wage discrimination for “all women” does not plead enough...more

Interns Flunk The Class

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit has upheld summary judgment against magazine interns seeking payment as “employees” under the FLSA. In an end-of-semester decision that may represent the final grade for unpaid interns...more

Under Construction - December 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the...more

Tennessee Court of Appeals Finds that Former Employee Breached Non-Compete Agreement Through Actions of His Subordinates

by Butler Snow LLP on

In November 2017, the Tennessee Court of Appeals upheld a Nashville trial court’s determination that a former employee violated his noncompete agreement by managing employees who solicited competing business in the restricted...more

Be Fore-WARNed: California Really Is Peculiar

by Seyfarth Shaw LLP on

Seyfarth synopsis: Companies contemplating a mass layoff must comply with the federal Worker Adjustment and Retraining Notification Act. In California, alas, companies must also consider the even more stringent requirements...more

The 2017 Judicial Hellholes Report Is Out And Makes For An Interesting Read

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” that focuses on litigation problems in state court systems and challenges for corporate defendants in the...more

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