ArticleSecond Circuit Finds Class Action Waivers Not Barred By FLSAThe U.S. Court of Appeals for the Second Circuit recently held that the Fair Labor Standards Act ("FLSA") does not bar class action waivers.United StatesLitigation, Mediation & ArbitrationBlank Rome LLP
Article"Co-Tenancy Issues In Turbulent Time" Republished By The International Council Of Shopping CentersPhilip Rosenfeldt's article on "Co-Tenancy Issues in Turbulent Times" was republished in Shopping Center Landlord & Tenant Legal Issues. United StatesReal Estate and ConstructionBlank Rome LLP
ArticleHigh Net Worth New York Residents Should Consider Making Gifts Before April 1The budget bill proposed by Governor Cuomo includes changes in the taxation of the estates of New York residents. Although New York does not impose a gift tax, the bill provides, notably, that in calculating the estate tax on the estate of a New York domiciliary, any taxable gifts (as defined for federal tax purposes) made on or after April 1, 2014 will be included in the decedent's estate as though the gifted property were an estate asset.United StatesTaxBlank Rome LLP
ArticleEEOC Proposes New ADEA Regulation Defining "Reasonable Factors Other Than Age" DefenseThe Equal Employment Opportunity Commission recently proposed a new regulation that defines the "reasonable factors other than age" defense available to employers challenging claims of disparate impact discrimination under the Age Discrimination in Employment Act. United StatesEmployment and HRBlank Rome LLP
ArticleEEOC Says Terminating Workers After One Year Of Disability Leave Violates The ADAIn "EEOC v. United Parcel Service Inc." the EEOC has taken the position that an employer’s policy to automatically terminate employees who are unable to return to work after 12 months of disability leave violates the ADA. United StatesEmployment and HRBlank Rome LLP
ArticleNational Labor Relations Board Issues First Decision Addressing "Facebook Firings"The National Labor Relations Board ("NLRB") recently issued its first decision addressing the legality of a termination for an employee's Facebook postings. United StatesEmployment and HRBlank Rome LLP
ArticleSecond Circuit Clarifies Liability Standard For Non-Employee Workplace Harassment ClaimsThe U.S. Court of Appeals for the Second Circuit recently clarified the legal standard for claims of non-employee workplace harassment, adopting and applying non-binding liability guidelines promulgated by the Equal Employment Opportunity Commission. United StatesEmployment and HRBlank Rome LLP
ArticleSupreme Court Holds That "But-For" Causation Standard Applies To Title VII Retaliation CasesThe U.S. Supreme Court recently held that retaliation under Title VII must be proven according to traditional principles of but-for causation. United StatesEmployment and HRBlank Rome LLP
VideoWebinar: Emerging Trends In The US: Bankruptcies, Class Actions, And Mass ConsolidationsIn this webinar we will explore high profile, anticipated rulings that could change the landscape for litigation and resolution of mass claims.GlobalLitigation, Mediation & ArbitrationBlank Rome
ArticleUpdate On New Jersey Paid Sick Leave ActIn an earlier post, we provided a preview of the New Jersey Paid Sick Leave Act.United StatesEmployment and HRBlank Rome LLP
ArticleCalifornia Corner: Resources For Those Impacted By California WildfiresCommunities and businesses throughout California are dealing with the serious, and for some, catastrophic effects of historic wildfires. United StatesInsuranceBlank Rome LLP
ArticleNew Jersey Supreme Court Decides 911 Operators Entitled To ImmunityThe New Jersey Supreme Court filed a decision in Paris Wilson v. City of Jersey City this morning (Thursday, March 08, 2012). United StatesLitigation, Mediation & ArbitrationBlank Rome LLP
ArticlePoker, So The Argument Goes, Is A Game Of "Skill," Not "Chance"Dennis Ehling and Stephen Schrier, Partners in Blank Rome’s gaming practice, authored the article, "Second Circuit Clarifies that Elements of ‘Skill’ Do Not Exempt Gaming from the Reach of IGBA," which was republished in the Los Angeles Daily Journal on August 13, 2013.United StatesMedia, Telecoms, IT, EntertainmentBlank Rome LLP
ArticleA Reminder From Yahoo Resume BlundersThe Yahoo chief executive officer resigned in connection with saying he received a degree in computer science and accounting when he only received a degree in accounting.United StatesCorporate/Commercial LawBlank Rome LLP
ArticleCourt Rules Obama Recess NLRB Appointments UnconstitutionalA unanimous three-judge panel from the District of Columbia Circuit Court of Appeals announced a decision in Noel Canning v. NLRB that overturned President Obama’s controversial National Labor Relations Board recess appointments from last year.United StatesEmployment and HRBlank Rome LLP
ArticleDSM-5 May Result In More ADA Trouble For EmployersThe American Psychiatric Association recently published the fifth version of its Diagnostic and Statistical Manual of Mental Disorders, which is a widely-used handbook for health care professionals to assess and diagnose mental disorders.United StatesEmployment and HRBlank Rome LLP
ArticleEEOC Approves Strategic Plan Establishing Enforcement PrioritiesThe U.S. Equal Employment Opportunity Commission ("EEOC") recently approved a Strategic Enforcement Plan to establish national enforcement priorities and integrate enforcement responsibilities throughout the EEOC's various offices.United StatesEmployment and HRBlank Rome LLP
ArticleFifth Circuit Allows Class Waivers In Arbitration AgreementsIn a long-awaited decision, the United States Court of Appeals for the Fifth Circuit recently held that class action waivers in employee arbitration agreements do not violate the National Labor Relations Act ("NLRA").United StatesEmployment and HRBlank Rome LLP
ArticleNational Labor Relations Board Releases Final Rule Amending Representation Case ProceduresThe National Labor Relations Board ("Board") has issued a final rule, intending to streamline its union election processes. United StatesEmployment and HRBlank Rome LLP
ArticleNew Jersey Expands Retaliation Claims To Events After Termination Of EmploymentIn a January 2010 decision, "Roa v. Roa", the Supreme Court of New Jersey concluded that a former employee was entitled to file suit under the New Jersey Law Against Discrimination ("LAD") for an alleged discriminatory act occurring after his termination. United StatesEmployment and HRBlank Rome LLP