Law and the Workplace
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Samantha Shear

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Samantha Shear is an associate in the New Orleans office and a member of the Labor and Employment Department. Samantha graduated cum laude from Tulane Law School where she spent two years as a member of the Judge John R. Brown moot court team. She served as coach of the moot court team one year, leading her team to win multiple awards for excellence in oral advocacy.

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DOL To Refrain From Seeking Liquidated Damages in Most Pre-Litigation Settlements

By Allan Bloom and Samantha Shear on Posted in FLSA, Wage and Hour
Effective July 1, 2020, the U.S. Department of Labor (DOL) will pull back on seeking liquidated damages in pre-litigation settlements of wage claims and investigations.  The change in policy, announced in Field Assistance Bulletin 2020-2, is significant, as liquidated damages can equal 100% of the back pay deemed to be owing, potentially resulting in “double … Continue Reading

U.S. Supreme Court Declines to Resolve Circuit Split On Whether A Layoff Is Temporary Or Permanent Under WARN Act

By Nicole Eichberger, Samantha Shear and Steven J. Pearlman on Posted in Coronavirus, Workplace Restructuring and WARN
On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day notice requirement of the Worker Adjustment and Retraining Notification Act (the “WARN Act”). On February … Continue Reading

Northern District of New York Denies Class Certification and Decertifies Collective, Confirming Common Answers Not Common Questions Are Required

By Nicole Eichberger and Samantha Shear on Posted in Class/Collective Action
On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ. P. 23 and failed to sustain their burden that they were similarly situated to continue as a FLSA collective with respect to their misclassification claims … Continue Reading

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

By Evandro Gigante, Nayirie K. Mehdikhani and Samantha Shear on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age Discrimination in Employment Act (ADEA) when, in an effort to keep the retirement system solvent, it required employees … Continue Reading
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