Searching Content indexed under Employment Litigation/ Tribunals by Fox Rothschild LLP ordered by Published Date Descending.
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Emotional Harm Damages Allowable In FLSA Case: A Trend?
Usually, in FLSA cases, no emotional damages are allowable in retaliation cases. Perhaps that inviolate principle is now changing.
United States
13 Feb 2017
Did You Get Your Superbowl Squares?
Well, its a few days util kickoff at Superbowl LI.
United States
2 Feb 2017
In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
There have been a number of cases in which the FLSA employee status of exotic dancers has been litigated.
United States
23 Jan 2017
Supreme Court Agrees to Review Validity of Class Action Waivers in Arbitration Agreements
Last week, the Supreme Court granted petitions for certioriari in Epic Systems Corp. v. Lewis, Ernst & Young v. Morris, and NLRB v. Murphy Oil USA.
United States
21 Jan 2017
Supreme Court Justices (Presumably 9 Of Them) Will Again Address Class Action Waivers In Arbitration Clauses
Last Friday, the US Supreme Court agreed to hear cases from the 9th, 7th, and 5th Circuits in which the courts are split on the issue whether class action waivers in employee arbitration...
United States
18 Jan 2017
"Mud Men" Reach Settlement In Overtime Suit
For the title of the worker classification involved.
United States
9 Jan 2017
On-Call Scheduling – On the Way Out?
News today that New York Attorney General Eric Schneiderman has reached agreements with several large retail companies to limit on-call scheduling of employees.
United States
20 Dec 2016
DOL Appeal On FLSA Exemption Issue Will Be Fast-Tracked
The appellate Court has advised that it will schedule oral argument as soon as possible after briefs are submitted
United States
10 Dec 2016
Use Of Fluctuating Workweek Method To Compute Damages Disallowed
A group of New Jersey sales associates who work in Dish Network LLC call centers urged a federal court to confirm a $1.9 million arbitration award stemming from a proposed class action.
United States
29 Nov 2016
Newly Reclassified Employees Still Seek Overtime For Alleged Earlier Misclassification: That's Not Nice!
Compute what the employees are owed for that past overtime and pay them, along with getting the employees to sign releases.
United States
15 Nov 2016
Use Of Labor Law Preemption In FLSA Case Is A Good Start
Whenever a FLSA suit is lodged against a unionized employer, I always look for the possibility of a preemption defense, which will, in one fell swoop, doom the entire litigation.
United States
8 Nov 2016
Second Circuit Establishes That Concessionaires Operating At Amusement Or Recreational Establishments Are Eligible For FLSA Overtime Exemption
Recently, the United States Court of Appeals for the Second Circuit issued a significant decision in Hill and Brown v. Delaware North Companies, Inc., holding that establishments that operate on the premises of an amusement or recreational host,
United States
8 Nov 2016
New California Employment Laws for 2017
Here's your annual roundup of new California employment laws. Since we've discussed many of these laws when they were enacted, I'm including links to those earlier discussions.
United States
2 Nov 2016
The Clock Is Ticking For The "De Minimus" Time Doctrine
With briefs due next week, we anxiously await the California Supreme Court's review of the de minimus doctrine in Troester v. Starbucks Corporation.
United States
28 Oct 2016
Another Benefit Of Arbitrating Employment Disputes
One of my least favorite phrases in blogging is "repurposing content." The verb "repurposing" hurts my ears.
United States
26 Oct 2016
The Top FLSA Litigation Issues of 2016 — Part I
For more than a decade, courts across the country have seen an explosion in the number of claims filed under the Fair Labor Standards Act. The volume of recent filings—especially in the collective action context—continues to raise complex considerations for regulators, courts and practitioners.
United States
22 Oct 2016
Stroudsburg Teachers Union And District Mull Contract Recommendations
Both parties of the ongoing Stroudsburg Area School District union member contract negotiation have expressed concern over the recommendations of a neutral third-party, and progress towards an agreement has not made any tangible steps.
United States
22 Oct 2016
Business Groups Want Fast Hearing On DOL Changes: Hope They Get It!
I blogged about this a short time ago. More than fifty (50) business groups requested that a US District Court Judge render a fast decision in the case involving the constitutionality of the USDOL's new overtime regulations, i.e. the doubling of the salary threshold.
United States
21 Oct 2016
Tax Records Discoverable And, Maybe, ATM/Cell Phone Records Are As Well?
I read an interesting post the other day by Michael Thompson in the Wage & Hour Defense Blog, in which he discussed the discoverability of plaintiff ATM and cell phone records in a FLSA collective action case.
United States
15 Oct 2016
Transgender Police Officer Wins Title VII Claim Against School District
Query: a longtime employee, who has previously identified in your workplace as female, begins dressing for work like a man, grooming according to male standards, and identifying as male.
United States
14 Oct 2016
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