Category Archives: Litigation and Arbitration
Subscribe to Litigation and Arbitration RSS FeedSeventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA
New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims
Third Circuit Recognizes Trade Secret Misappropriation Claim by Party Possessing (But Not Owning) the Trade Secret
SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling
In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and terminated is a “lost wage” eligible to be trebled under the Wage Act. While employed by EnerNOC, the plaintiff … Continue Reading
Substantial Changes Ahead for Illinois Employers in 2020 Relating to Sexual Harassment Training, Mandatory Arbitration Agreements, and More
On August 9, 2019, Governor Pritzker signed into law Public Act 101-0221 (the “Act”), which enhances protections against workplace sexual harassment and discrimination. The Act creates new laws and amends several existing ones, including the Illinois Human Rights Act (“IHRA”), as summarized below: NEW LAWS The Workplace Transparency Act (“WTA”). The Workplace Transparency Act will … Continue Reading
U.S. Supreme Court Holds That Filing an EEOC Charge Is Not a Jurisdictional Requirement for Title VII Suits
In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC prior to bringing a discrimination suit under Title VII, such obligation is a procedural, rather than jurisdictional, requirement. The key takeaway for employers … Continue Reading
Seventh Circuit Reaffirms Test for Employee Status
New York State Releases Draft Anti-Sexual Harassment Training and Policy Models for Public Comment
As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. To that end, New York State has just launched a new … Continue Reading
Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers
Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation
The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading
Massachusetts Permits Disability Discrimination Claims Based on Medical Marijuana Use
On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee using medical marijuana in treatment of a chronic illness may qualify for protection against disability discrimination under state law, even though the use of marijuana remains illegal under federal law. While the decision addresses … Continue Reading
Third Circuit Permits ADEA “Subgroup” Claims
The Third Circuit recently held in Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435, 2017 WL 83385 (3d Cir. Jan. 10, 2017), that workers in their 50s may be recognized as a “subgroup” of employees protected by the Age Discrimination in Employment Act (“ADEA”) if employer policies inadvertently disfavor them relative to their co-workers who … Continue Reading
Proskauer’s Value Insights Survey is Now Live
Proskauer’s second Value Insights: Delivering Value in Labor and Employment Law survey is now live and we want to hear from you. Value Insights explores how in-house counsel can maximize the value they provide to their business partners and correspondingly, how they can most effectively partner with outside counsel on managing labor and employment work. … Continue Reading
Recovery of Liquidated Damages Under Both FLSA and State Law Improper, Says Second Circuit
In a summary order issued on December 7, the Court of Appeals for the Second Circuit–in Chowdhury v. Hamza Express Food Corp., No. 15‐3142‐cv–held that an award of liquidated damages under both the Fair Labor Standards Act and the New York Labor Law with respect to the same violation was improper: [The Labor Law] does … Continue Reading
Participate in Proskauer’s Value Insights Survey
Last year, Proskauer’s Labor and Employment Law Department conducted its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives and to work with … Continue Reading
Second Circuit Seeks Guidance from NY Court of Appeals on Standard for Awarding Punitive Damages Under the New York City Human Rights Law
The Second Circuit is once again seeking guidance from the New York Court of Appeals, this time on the question of the appropriate standard for awarding punitive damages for unlawful discriminatory acts under the New York City Human Rights Law (“NYCHRL”). The NYCHRL provides that punitive damages may be available where employers are found directly … Continue Reading
Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions
On October 4, 2016, the Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is raised in a prompt motion to compel, it should be decided at the outset of the litigation—even prior to deciding conditional certification in FLSA collective actions. Reyna builds upon the Fifth … Continue Reading
Proskauer Releases Survey Results on Value Insights: Delivering Value in Labor and Employment Law
Proskauer’s Labor and Employment Law Department is pleased to announce the release of its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives … Continue Reading
President Signs Defend Trade Secrets Act Into Law
Today (May 11, 2016), President Obama signed the Defend Trade Secrets Act (“DTSA”) into law, for the first time creating a federal cause of action for trade secret misappropriation. The law has sweeping implications and is expected to have a noticeable impact on trade secret jurisprudence. In addition, the law adds new obligations for employers … Continue Reading
Congress Passes A New Law Providing A Federal Cause Of Action For The Misappropriation of Trade Secrets
On April 11 and April 27, 2016, the Senate and House, respectively, passed the Defend Trade Secrets Act of 2016 (DTSA). The DTSA, for the first time, provides a federal cause of action for the misappropriation of trade secrets. This significant development has large implications for companies and employers nationwide. As such, Proskauer has prepared … Continue Reading
Mayor de Blasio Signs New Laws Strengthening NYC’s Human Rights Law
On Monday, March 28, 2016, Mayor Bill de Blasio signed several bills (Intros 814-A, 818-A, and 819) amending the New York City Human Rights Law (“NYCHRL”). The amendments strengthen employee protections by changing existing laws to provide for 1) a more liberal construction of the NYCHRL for plaintiffs; 2) attorneys’ fees, expert fees, and other … Continue Reading
Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act
Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined the Ninth Circuit and held that it does. The decision is a good reminder that the Rehabilitation Act has a broader reach … Continue Reading
2015 Year in Review—the Top 10 Trends in New Jersey Employment Law
In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against Discrimination (“LAD”) litigation, arbitration, workplace injury, “Faithless Servant” Doctrine, Family Medical Leave Act, and Title VII of the Civil Rights Act of … Continue Reading
