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  • Article

    Union President Had Expectation Of Privacy In Private Facebook Posting, New Jersey District Court Holds

    In Ehling v. Monmouth Ocean Hosp. Serv. Corp., 2012 U.S. Dist. LEXIS 74558 (D.N.J. May 30, 2012), a supervisor convinced an employee to access the private Facebook account of the plaintiff (a co-worker and the union president), so that the supervisor could view and print its contents.
    United StatesPrivacy
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    The Top Five Remote Workplace Investigation Mistakes

    In this podcast, Andre' Caldwell and Diana Nehro discuss lessons learned about conducting remote workplace investigations during the COVID-19 pandemic.
    United StatesCoronavirus (COVID-19)
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Congressmen Take Action On NLRB Ruling

    This is a move to return to the standard for the determination of whether an entity is a "joint employer" that existed before the NLRB ruling.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld

    Alan W. Faigin worked as an in-house attorney for Fremont General Corporation (which later became Signature Group Holdings) for 17 years before his employment was terminated for cause in March 2008.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    401(k) Plan Participant Waived ERISA Stock-Drop Claim

    Russell argued that the district court erred by not providing him with a "reasonable opportunity" to conduct discovery and present evidence on the issue of whether he knowingly and voluntarily consented to the severance agreement.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    4th Circuit Rules That Applicant Cannot Sue Prospective Employer For Retaliation

    Here are the facts – an applicant applies for a job and is given a conditional offer of employment.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    5 Key Trends In Workplace Class Action Litigation For 2018: #1 High-Impact Rulings Video (Video)

    Seyfarth Synopsis: Yesterday's blog closely examined pivotal rulings by the U.S. Supreme Court in 2018, which was the first trend of the 15th Annual Workplace Class Action Report (WCAR).
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    9th Circuit Resurrects AB 1889

    On Thursday, September 21, 2006, a full panel of the Ninth Circuit overturned two previous federal court decisions and determined that the National Labor Relations Act does not preempt California Assembly Bill 1889.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    A Nationwide Standstill: Extending the Definition of Sex Discrimination to Include Gender Identity

    On December 31, 2016, the Federal District Court for the Northern District of Texas issued a nationwide injunction blocking the implementation or enforcement of Section 1557's provision extending the definition of sex discrimination to gender identity.
    United StatesEmployment and HR
    Bowditch & Dewey
    Bowditch & Dewey
  • Article

    Affirmative Defense Not Available for Harassment Claims Under New York City Law

    The Court of Appeals of New York recently held that the Faragher/Ellerth affirmative defense, which is available to employers under federal and New York state law for claims of sexual harassment, is not available under the New York City Human Rights Law ("NYCHRL").
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    After 19 Years Of Litigation(!) And A $43 Million Award, Judgment In Escrow Officer Wage Case Is Largely Reversed

    A California Court of Appeal reversed a $43 million judgment in a misclassification case, finding the trial court committed multiple prejudicial errors in handling class certification and trial procedures. The appellate court criticized the trial court's approach to representative testimony, affirmative defenses, and the appointment of a referee without party consent, while also addressing proper calculation methods for PAGA penalties in a related case.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Agreement Not To Compete With Employer While Still Employed Is Enforceable

    Techno Lite employees Scott Drucker and Arik Nirenberg entered into an agreement with Techno Lite not to compete with Techno Lite while they were still employed with that company.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Alok Nadig On LGBTQ+ Advocacy, Employment Discrimination & Creative Lawyering (Video)

    Partner Alok Nadig shares his personal and professional journey from childhood through law school and big law to his current role as Discrimination and Harassment Practice Group Co-Chair. He explores the intersection of LGBTQ+ advocacy, employment discrimination law, and innovative legal strategies that define his practice at Sanford Heisler Sharp McKnight.
    United StatesEmployment and HR
    Sanford Heisler Sharp McKnight, LLP
    Sanford Heisler Sharp McKnight, LLP
  • Article

    An Apple A Day May Increase Their Pay: Employees Seek Pay For Checking Emails After Hours

    Hold the iPhone —a recent lawsuit by a group of Chicago police officers should have employers on high alert—at least those who permit, officially or not, non-exempt employees to do anything business-related on a mobile device.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Video

    Andrew Macurdy On Employment Law, Federal Prosecution & High-Profile Trials (Video)

    Partner Andrew Macurdy discusses his career trajectory from federal prosecutor to civil rights attorney, including his role in a high-profile gender discrimination case.
    United StatesEmployment and HR
    Sanford Heisler Sharp McKnight, LLP
    Sanford Heisler Sharp McKnight, LLP
  • Article

    Another Post-Tackett Ruling Denying Retiree Health Benefits

    A district court in West Virginia recently held that retirees were not entitled to lifetime health benefits under the clear and unambiguous language of the relevant collective bargaining agreements.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Are LGBTQ Protections Coming To A Workplace Near You?

    In a recent landmark decision, the Seventh Circuit Court of Appeals became the first federal court of appeals in the nation to rule sexual orientation claims are actionable under Title VII of the Civil Rights Act of 1964.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Are No-Poach Agreements Becoming Extinct?

    Agreements between companies who compete for employees have always been subject to antitrust scrutiny. But recently, "no-poach" agreements
    United StatesEmployment and HR
    Sheppard
    Sheppard
  • Article

    Attorneys React To High Court's EEOC v. Abercrombie Ruling

    Steven Ludwig was featured in the Law360 article, "Attorneys React To High Court's EEOC v. Abercrombie Ruling." Full text can be found in the June 1, 2015, issue, but a synopsis is below.
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Auto Dealership Service Advisors May Be Exempt From Federal Overtime Requirements

    An amendment to the Fair Labor Standards Act ("FLSA") exempts from its overtime requirements "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements."
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 181–200 of 8397 results

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