Law and the Workplace

Tag Archives: appeals

Third Circuit Recognizes Trade Secret Misappropriation Claim by Party Possessing (But Not Owning) the Trade Secret

By Daryl Leon, John Barry and Meika Freeman on Posted in Litigation and Arbitration, Trade Secrets
It is not often that a United States Court of Appeals issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of compensatory and punitive damages.  On April 30, 2020, in Advanced Fluid Sys., Inc. … Continue Reading

The EEO-1 Saga Continues — An Appeal, Additional Requirements, and More…

By Guy Brenner and Kate Gold on Posted in Workplace Policies and Procedures
Employers would be forgiven for feeling figurative whiplash from all of the developments surrounding the EEO-1 in recent weeks. After understanding they would not have to submit pay data with their EEO-1 submissions (referred to as “Component 2 data”), in a series of rulings. Judge Tanya Chutkan reinstated the obligation. Since then, employers have been reading … Continue Reading

United States Supreme Court Says that Equitable Tolling Cannot Extend Deadline to Appeal Class Certification Decisions Under Rule 23(f)

By Elise M. Bloom, Mark W. Batten and Noa Baddish on Posted in Appeals, Class/Collective Action
In a unanimous decision authored by Justice Sotomayor on February 26, 2019, the Supreme Court held that the 14-day deadline to seek permission to appeal a decision granting or denying class certification under Federal Rule of Civil Procedure 23(f) cannot be extended through the doctrine of equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094, 586 … Continue Reading

Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction

By Allan Bloom on Posted in Class/Collective Action, Wage and Hour
Remember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions?  In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect.  The DOL successfully petitioned the Fifth Circuit for an expedited appeal of the injunction in December, and briefing was to … Continue Reading

Second Circuit: FAA Mandates Stay of Claims Pending Arbitration

By Evandro Gigante, Lindsey Chopin, Nigel F. Telman and Steven Hurd on Posted in Litigation and Arbitration
The Second Circuit recently held in Katz v. Cellco P’Ship d/b/a/ Verizon Wireless, Nos. 14-138, 14-291, 2015 WL 4528658 (2d Cir. July 28, 2015) that, under the Federal Arbitration Act (“FAA”), district courts must stay all proceedings upon a finding that the claims before the court are subject to arbitration if a stay is requested. … Continue Reading

Second Circuit Revives Putative Collective Action

By Allan Bloom, Elise M. Bloom, Mark W. Batten and Rebecca Sivitz on Posted in Class/Collective Action
On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower Legal Staffing, Inc., alleging violations of the overtime provisions of the Fair Labor Standards Act.  The Second Circuit … Continue Reading

U.S. Supreme Court Holds Failure to Accommodate Religion May Be Evidence of Intentional Discrimination

By Katharine Parker on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Today the U.S. Supreme Court held in favor of the EEOC in EEOC v. Abercrombie & Fitch Store Stores, Inc. The EEOC claimed that Abercrombie violated Title VII of the Civil Rights Act of 1964 (Title VII) by refusing to hire a Muslim applicant who wears a headscarf for religious reasons.  The decision, penned by … Continue Reading

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

By Katharine Parker on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
On Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA). Young, a UPS driver, claimed that UPS intentionally discriminated against her by refusing to accommodate her pregnancy-related lifting restriction by transferring her to a … Continue Reading

EEOC Background Check Litigation Strategy Criticized

By Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration
Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.”  The paper praises Freeman Co. for standing up to the EEOC and defending its background check processes, pointing out the EEOC’s repeated failure to present credible evidence … Continue Reading

The Top 10 Trends in New Jersey Employment Law in 2014

By John Barry, Joseph O’Keefe, Matthew Engel and Daniel Saperstein on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Wage and Hour, Workplace Policies and Procedures
2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.”  Read our Top 10 newsletter to learn more about … Continue Reading

Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute

By Lindsey Chopin and Nicole Eichberger on Posted in Litigation and Arbitration, Wage and Hour
On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014).  The opinion addressed several key factors related to the FLSA’s seaman exemption: Finding that unloading and loading of vessels is not strictly “nonseaman” work; Limiting its prior … Continue Reading

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

By Daniel Saperstein and Joseph O’Keefe on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey’s Appellate Division upheld a provision in a job application that limited the time in which an employee could sue the company to no more than six months after an alleged adverse employment action. This is the … Continue Reading

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

By Daniel Saperstein, Katharine Parker, K.M. Zouhary and Kelly Anne Targett on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration, Workplace Policies and Procedures
In Equal Employment Opportunity Commission v. Kaplan Higher Education Corp., the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that Kaplan’s use of credit checks disparately impacted African-American applicants in violation of Title VII of the Civil Rights Act of 1964. Read … Continue Reading

NY Court of Appeals Ruling Stresses the Need for Employers to Engage In and Document the Interactive Process

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
The New York Court of Appeals’ recent decision in Jacobsen v. N.Y.C. Health & Hosps. Corp., No. 34, 2014 N.Y. LEXIS 570 (Mar. 27, 2014), stresses the need for employers responding to requests for accommodation by employees with disabilities to engage in a thoughtful, individualized, interactive process that it also well documented.  Failure by the … Continue Reading

Supreme Court Finds Severance Payments are Subject to FICA

By Elizabeth M. Mills, Nathan Bentley and Robert Projansky on Posted in Performance Management, Discipline & Termination, Workplace Policies and Procedures
On March 25, 2014, in a decision highly anticipated by employers, the U.S. Supreme Court held unanimously that certain severance payments paid to employees who were involuntarily terminated were taxable wages for purposes of the Federal Insurance Contributions Act (FICA). United States v. Quality Stores, Inc., et al., No. 12-1408 (U.S. Mar. 25, 2014). The … Continue Reading

Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision

By Keisha-Ann Gray, Kathleen McKenna, Nigel F. Telman and Steven Hurd on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration
The U.S. Court of Appeals for the Second Circuit has joined the Seventh and Ninth Circuits in holding that an EEOC charge will not toll the statute of limitations on a state-law tort claim. This decision likely will lead to an increase in concurrent filings of state-law tort claims and Title VII federal administrative proceedings … Continue Reading

AAA Adopts Optional Appellate Arbitration Process

By Allan Weitzman, Fredric Leffler, Katharine Parker and Marc A. Mandelman on Posted in Litigation and Arbitration
Parties now have an opportunity to seek review of unfavorable arbitration awards before an appellate arbitral panel, pursuant to the Optional Appellate Arbitration Rules (Rules), recently released by the American Arbitration Association, effective November 1, 2013. This alert takes a look at the new rules, which describe the process and requirements for parties wishing to … Continue Reading

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

By Allan Weitzman, Marc A. Mandelman, Katharine Parker, Joshua Stein and Fredric Leffler on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Workplace Policies and Procedures
The New York State Court of Appeals’ recent holding in Romanello v. Intesa Sanpaolo, 2013 N.Y. LEXIS 2755; 2013 Slip Op 6600 (N.Y. Oct. 10, 2013), now makes it more difficult for employers covered by the New York City Human Rights Law (Administrative Code of City of NY § 8-107[1][a]) (“NYCHRL”) to terminate employees who … Continue Reading

DOMA Overruled: Milestone for Applicants of Immigration Benefits

By David Grunblatt on Posted in Immigration, Litigation and Arbitration, Workplace Policies and Procedures
On June 26, 2013, the U.S. Supreme Court in United States v. Windsor struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional, allowing for the recognition of same-sex marriages and making way for same-sex married couples to receive benefits under federal law. This alert looks at the immigration law implications of … Continue Reading

New York Court of Appeals Approves Warrantless GPS Tracking of Government Employees

By Allan Weitzman, Fredric Leffler, Katharine Parker and Marc A. Mandelman on Posted in Litigation and Arbitration, Workplace Policies and Procedures
On June 27, 2013, a divided New York Court of Appeals held in Cunningham v. New York State Dept. of Labor, that the state can use GPS tracking to monitor its employees during working hours without a warrant. Read this alert for an analysis of this important decision for employers. Read the full text of … Continue Reading

Special Alert for Employers and Other Benefit Plan Sponsors: How Will the Supreme Court’s DOMA Decision Impact Your Employee Benefit Plans?

By Lisa A. Berkowitz Herrnson, Paul M. Hamburger, Roberta Chevlowe and Tzvia Feiertag on Posted in Litigation and Arbitration, Workplace Policies and Procedures
The U.S. Supreme Court decision in United States v. Windsor, holding that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional, will affect virtually all employers across the country. While the Court’s decision means that the federal government will generally recognize same-sex spouses as married for purposes of federal laws, protections and … Continue Reading

Illinois Restrictive Covenants Harder to Enforce Post-Fifield and Montel

By Gray Mateo-Harris and Nigel F. Telman on Posted in Litigation and Arbitration, Non-Competes and Protection of Corporate Assets
Illinois employers are still reeling from the Illinois Supreme Court’s refusal to review the decision in Fifield v. Premier Dealer Services, Inc., No. 1-12-0327 (Ill. App. Ct., 1st Dist. June 24, 2013).  In Fifield, the First District Appellate Court ruled that employee non-competition and non-solicitation agreements supported by consideration consisting of less than two years … Continue Reading
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