Searching Content indexed under Employment Litigation/ Tribunals by Day Pitney LLP ordered by Published Date Descending.
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Did You Agree To Class-Wide Arbitration? Only If Your Agreement Clearly Says So, According To The U.S. Supreme Court
Employers often look to resolve claims through private arbitration rather than public litigation.
United States
10 Jul 2019
New Jersey Law Requires Designation Of Forum In Arbitration Agreements
The New Jersey Appellate Division recently held that an arbitration agreement that failed to identify the forum or a process for selecting the forum was insufficient to form a contract between the parties...
United States
7 Jan 2019
Enforcing Arbitration Agreements In New Jersey
Arbitration can be an efficient and cost-effective method for resolving workplace disputes.
United States
3 Jul 2018
Massachusetts High Court Permits Medical Marijuana User To Sue For Handicap Discrimination
On July 17, the Massachusetts Supreme Judicial Court held that an employee who was fired because she tested positive for using legally prescribed medical marijuana could sue her employer for handicap discrimination...
United States
20 Jul 2017
Even Simple Misconduct Must Be Willful And Deliberate To Disqualify Employees From Unemployment Benefits In New Jersey
In New Jersey, whether and how long an employee discharged for misconduct is ineligible to receive unemployment benefits depends on the level of misconduct. Differentiating degrees of misconduct on a scale from simple to severe to gross, however, has proven to be a challenge for the New Jersey Department of Labor and Workforce Development (the Department).
United States
5 May 2017
Connecticut Supreme Court Bars Bystander Emotional Distress Claims Arising Out Of Compensable Workplace Injuries
On August 9, the Connecticut Supreme Court will officially release an opinion barring bystander emotional distress claims against employers, where such claims arise out of the witnessing of a compensable injury to an employee.
United States
9 Aug 2016
The NLRB Eases Organizing of Temp Workers
On Monday, July 11, the National Labor Relations Board (NLRB) held, in Miller & Anderson, that temporary workers can organize in a single unit with the company's direct hires if they share the same community of interest.
United States
12 Jul 2016
New U.S. Department of Labor "Persuader Rule" to be Effective July 1 - Immediate Action Required to Secure Exemption
An important change in the U.S. Department of Labor (DOL) interpretation of the federal Labor-Management Reporting and Disclosure Act (LMRDA) requires your immediate attention and consideration.
United States
24 Jun 2016
Tattoo Prohibition May Interfere With Employee's Exercise Of Religion
In a recent case, the New Jersey Superior Court decided that an employer's policy prohibiting employees from wearing henna tattoos on their hands while at work may amount to discriminatory interference with the exercise of employees' religious beliefs.
United States
4 Apr 2016
Employers Potentially Lose Strategic Weapon Against Class Actions
For years, employers have been wielding Rule 68 offers of judgment to moot individual plaintiff's FLSA claims and undercut standing for class action certification.
United States
4 Apr 2016
Employers Can Be Held Liable For Discrimination Claims Filed By Temporary Workers Employed And Supplied By A Staffing Agency
In Faush v. Tuesday Morning, Inc., 2015 U.S. App. LEXIS 19977 (3d Cir. 2015), the Third Circuit Court of Appeals recently found that a temporary worker provided by a staffing agency could proceed to trial...
United States
2 Mar 2016
NLRB Again Invalidates Arbitration Agreements
The Acevedo decision arises from a lawsuit filed by several employees of Amex Card Services Company (Amex), a subsidiary of American Express.
United States
17 Nov 2015
Appellate Division Affirms Dismissal Of Most "Borgata Babes" Discrimination Claims
In 2003, the Borgata Hotel-Casino began hiring "costumed beverage servers" known as "BorgataBabes." Borgata sought to have the BorgataBabes reflect "the fun, upscale, sensual, international image that is consistent with the Borgata brand."
United States
12 Oct 2015
Federal Contractors Must Provide Paid Sick Time In The Future
On Labor Day, September 7, President Barack Obama signed an executive order (the "Order") requiring federal contractors and subcontractors to allow their employees to earn at least seven days of paid sick time each calendar year if they do not already have policies providing for at least that amount of time off for the same purposes and under the same conditions.
United States
25 Sep 2015
Dues Check-Offs Will Continue Even When The Union Contract Ends
Collective bargaining agreements frequently contain "dues check off" provisions, which require employers to deduct union dues from their employees' wages, and to then forward those dues to the union.
United States
16 Sep 2015
When Are Employees Entitled To Get Paid For Accrued But Unused Paid Time Off?
With summer ending, most employees would likely have used a good portion of their paid time off by now.
United States
16 Sep 2015
Paid Suspension Not Adverse Employment Action Under Title VII
In a recently issued opinion, the United States Court of Appeals for the Third Circuit held that an employee's suspension with pay typically does not constitute an "adverse employment action"...
United States
24 Aug 2015
Misclassification Costs Will Mount For Unprepared Employers
However, federal and state governments have ramped-up enforcement and systematized information sharing between the federal and state levels and among states.
United States
6 Jul 2015
Supreme Court Of New Jersey Upholds Indictment Against Employee Who Stole Documents To Bolster Her Discrimination And Whistleblower Lawsuit
On June 23, 2015, the Supreme Court of New Jersey affirmed the Appellate Division decision, thereby preserving the criminal charges against Saavedra.
United States
30 Jun 2015
SCOTUS: Employers Do Not Have To "Know" Of Applicant's Need For Religious Accommodation To Be Liable For Failure To Accommodate
Samantha Elauf applied for a position with Abercrombie & Fitch Stores, Inc. (Abercrombie), a retail clothing company well known for its signature "preppy" style.
United States
8 Jun 2015
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