News & Analysis as of

Affirmative Defenses Employment Litigation

Miller Canfield

A Lil’ Too Late - U.S. Court of Appeals for the Sixth Circuit Refuses to Compel Arbitration After Company Litigates Case for 7...

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When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more

Parker Poe Adams & Bernstein LLP

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more

Littler

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler on

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

Littler

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

Littler on

A female applicant applies for a position that was widely advertised.  During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

CDF Labor Law LLP

Employers Gain Defense Against Unmanageable PAGA Claims

CDF Labor Law LLP on

In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more

Manatt, Phelps & Phillips, LLP

CA Court Affirms That Courts Have Authority to Ensure Manageability of PAGA Claims

On September 9, 2021, the California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act (PAGA) claims can be fairly and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Answers and Amounts in Controversy

This week, we take a look at two decisions tackling novel procedural issues.  In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not...more

Littler

California Superior Court Grants Class Certification in Equal Pay Case

Littler on

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Proskauer - California Employment Law

9th Circuit Holds that Prior Salary is Not a Defense to An Equal Pay Act Claim

Yesterday, the full Ninth Circuit held that an employer cannot rely on an individual’s prior salary to justify a wage disparity between a male and female employee. In Rizo v. Yovino, a female math teacher brought a claim...more

Stoel Rives - World of Employment

Pay Equity Update: Oregon Legislature Amends Equal Pay Law

SB 123, just passed by the legislature and signed by Governor Brown, makes several amendments to Oregon’s pay equity law. Most notable are the revisions to the limited affirmative defense available to employers in litigation....more

Seyfarth Shaw LLP

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

Seyfarth Shaw LLP on

The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as...more

FordHarrison

Supreme Court Agrees to Consider Conflict Over Title VII Administrative Exhaustion Requirement

FordHarrison on

The U.S. Supreme Court recently agreed to consider whether federal courts have the authority to waive a Title VII plaintiff’s failure to exhaust administrative remedies before the EEOC, or state equivalent, before filing a...more

Nilan Johnson Lewis PA

Avoid Getting SLAPPed on Your Next Non-Compete Case

Nilan Johnson Lewis PA on

Your employee quits without notice or explanation. You discover that she moved to a competitor in violation of her non-compete agreement, and what’s worse, days before her resignation, she downloaded your trade secrets onto a...more

Fisher Phillips

Federal Appeals Court Overturns Decades Of Precedent To Revive Workplace Claim

Fisher Phillips on

Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more

Troutman Pepper

Employer May Not Have Affirmative Defense to Harassment Claim even if Employee Fails to Report Harassment

Troutman Pepper on

Q: Does my company have an affirmative defense to a sexual harassment claim if the company has a policy for reporting sexual harassment and an employee never makes a report of sexual harassment under that policy? ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Revives Equal Pay Act Claim, Imposes Tougher Summary Judgment Standard

In U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration, No. 16-2408 (January 5, 2018), the Fourth Circuit Court of Appeals addressed the application of the summary judgment standard to a claim...more

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