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  • Article

    Second Circuit Holds ERISA Disclosure Claims Are Time-Barred

    The Second Circuit recently held (in a summary order) that plan participants’ claims alleging violations of ERISA’s disclosure rules in connection with a cash balance conversion were barred by the statute of limitations.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Security Officer Can Proceed With Disability Discrimination And Wrongful Termination Claims, But Not Retaliation Claim

    David Zamora sued his former employer, Security Industry Specialists, Inc., for disability discrimination, wrongful termination and retaliation.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Senate Democrats Weigh In On Revising FLSA Exemptions

    As anyone who follows wage and hour matters is aware, the U.S. Department of Labor —at the urging of the White House—is currently revising its regulations regarding who is exempt from the overtime requirements of the Fair Labor Standard Act.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Seventh Circuit: Terminated Employee’s Release Agreement Bars Pension Claim, ERISA’s Anti-Alienation Provision Does Not Apply

    The Seventh Circuit dismissed a former employee’s claim for additional pension benefits after concluding that a release agreement he signed had waived any claims that arose prior to the signing of the release and his claim was not protected by ERISA’s anti-alienation provision
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

    Lisa Aber sued her employer and two co-employees for sexual harassment and sexual battery, among other things, which resulted in a number of cross-complaints against Aber.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sexual Harassment Complaints Are Subject To Anti-SLAPP Motions To Strike

    Plaintiff Lisa Aber sued her employer and two of its employees, alleging that the employees had sexually assaulted her.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Statute Of Limitations Runs From The Date Of Each Allegedly Discriminatory Payment

    Joyce Carroll retired from her job working for the City of San Francisco in 2000 due to rheumatoid arthritis; since that time, Carroll received monthly disability retirement benefit payments.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Still No Timetable For Revised Overtime Regulations; DOL Has Received More Than 290,000 Comments

    Employers continue to prepare for the forthcoming changes to the overtime rules, particularly the increases in the minimum salary required for exemption as an executive, administrative, or professional employee.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Summary Judgment Was Properly Granted To Employer In Whistleblower Case

    Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code § 1102.5, alleging that the county illegally retaliated against her ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Supreme Court Announces "Wipe-Out" Of Yard-Man Presumption In Advance Of Storm

    The case is M&G Polymers USA, LLC v. Tackett, 2015 WL 303218 (U.S. Jan. 26, 2015).
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Supreme Court Sets Oral Arguments In Brinker

    The California Supreme Court announced today that it will hear oral arguments in the landmark wage-and-hour case "Brinker Restaurant v. Superior Court" on November 8 in San Francisco.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    The Eight Most Horrible Features Of California Labor Law

    California continues to be perhaps the most pro-employee state in the country and is well known for its ever more restrictive labor and employment laws.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    The Top 10 Trends In New Jersey Employment Law In 2014

    accessibility, accommodation, appeals, background investigations/checks, conviction, discrimination, Employee benefits, employee handbooks/policies, employment applications, FCRA, FLSA, FMLA, leaves of absence, minimum wage, New and Proposed Laws and Legislation, new jersey, posting notice requirements, pre-employment inquiries, pregnancy, privacy, reasonable accommodation, retaliation, sick time/leave, wage and hour
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Time Spent By Warehouse Workers In Security Screening Is Not Compensable Under Fair Labor Standards Act

    Integrity Staffing required its employees to undergo a screening before leaving the warehouse at the end of each day.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Title VII Accommodation May Cause Non‑Monetary “Undue Hardship” To Employer

    The Ninth Circuit examines whether healthcare employers can deny religious exemptions to COVID-19 vaccination policies when accommodating such requests would create health and safety risks.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Transgender Individuals To Gain Protection Under New York State Law

    Tonight, at the Pride Agenda Dinner, Governor Cuomo announced that he plans to extend protections against discrimination in employment, housing and public accommodations to transgender individuals.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Trial Court Erred In Failing To Certify Class Action For Unpaid Overtime And Meal-And-Rest Breaks

    The three named plaintiffs in this case were among approximately 140 skilled workers retained by Networkers to provide repair and installation services at cell sites.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Trial Court Erred In Part In Failing To Certify Class Of Newspaper Home Delivery Carriers

    Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery carriers in a lawsuit brought against Antelope Valley Newspapers, Inc. ("AVN"), alleging that AVN had improperly classified the carriers as independent contractors rather than employees in violation of California labor laws.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Update: NYC Mayor Signs Caregiver Discrimination Bill Into Law

    On January 5, 2016, Mayor Bill de Blasio signed into law a New York City Council bill that prohibits employment discrimination based on an individual's actual or perceived status as a caregiver.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    U.S. DOL Issues Final Rule Defining Fiduciary Investment Advice

    Today, the U.S. Department of Labor released its highly-anticipated Final Rule and Exemptions addressing when a person providing investment advice with respect to an employee benefit plan or individual retirement account is considered to be a fiduciary under the Employee Retirement Income Security Act of 1974 ..
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP

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