Searching Content indexed under Employment Litigation/ Tribunals by Schnader Harrison Segal & Lewis LLP ordered by Published Date Descending.
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Ninth Circuit Panel Reverses Denial Of Uber's Motion To Compel Arbitration Of Misclassification Claims And Upholds Class Action Waiver
A panel of the Court of Appeals for the Ninth Circuit unanimously decided last week that a properly-drafted arbitration clause that waives class actions and reserves to the arbitrator the determination of whether a dispute ...
United States
3 Oct 2018
Pennsylvania Supreme Court To Decide Overtime Formula For Nonexempt Salaried Employees With Flexible Workweeks
The Pennsylvania Supreme Court agreed to hear an appeal of the lower court's decision in Chevalier v. Gen Nutrition Ctrs., 117 A.3d 280 (Pa. Super. 2017), which held that the Pennsylvania's Minimum Wage Act did not permit employers to calculate a nonexempt, salaried employees' overtime pay ...
United States
3 Aug 2018
2nd Cir Rules Sexual Orientation Discrimination Covered Under Title VII
Donald Zarda was a skydiving instructor employed at Altitude Express.
United States
28 Feb 2018
3d Circuit Clarifies Standard In FCA Retaliation Cases
In a precedential decision, the Third Circuit Court of Appeals held that the "but-for" standard applies in retaliation cases filed under the False Claims Act (FCA).
United States
27 Feb 2018
3rd Circuit Rules Employers Must Pay for Short Breaks
A recent case in the Third Circuit Court of Appeals serves as an important reminder that employers must pay workers for short breaks.
United States
7 Nov 2017
Schnader Assesses Landmark Labor Case In U.S. Supreme Court
UPDATE (10/04/2017). Read the blog post linked below for a brief assessment of the oral argument. It looks like "a deeply divided Court."
United States
18 Oct 2017
Crucial Labor And Employment Issues On The Line In Landmark U.S. Supreme Court Case
While the case before the Supreme Court remains pending, employers should be mindful of the uncertainty of the legality of class-action waivers.
United States
2 Oct 2017
NJ Appellate Court Tosses Employee Arbitration Agreement
In Dugan v. Best Buy, an unreported decision (thus far) by the New Jersey Appellate court, we are again reminded of the requirement that an employee's waiver of the right to sue contained...
United States
13 Sep 2017
7th Circuit Says Beauty School Student Not An Employee
On August 14, in Hollins v. Regency Corp., the Seventh Circuit Court of Appeals affirmed a decision from the U.S. District Court for the Northern District of Illinois that a cosmetology student...
United States
6 Sep 2017
New Jersey Appellate Court Tosses Employee Arbitration Agreement
In Dugan v. Best Buy, an unreported decision (thus far) by the New Jersey Appellate court, we are again reminded of the requirement that an employee's waiver of the right to sue contained in an employee-employer arbitration agreement must be clear and unambiguous, and any waiver that falls short of this exacting standard will not be enforced under New Jersey law.
United States
16 Aug 2017
DOL Requests Feedback on Overtime Rule
The U.S. Department of Labor is seeking public input on what to do with the Obama administration overtime rule.
United States
28 Jul 2017
3d Circuit Clarifies Standard in Workplace Harassment Cases
In a decision issued last week, the U.S. Court of Appeals for the Third Circuit clarified that a single comment may give rise to a claim of workplace harassment.
United States
18 Jul 2017
PA Superior Court Clarifies That Employers May Not Mandate Payroll Cards
It is helpful to have this clarification, even if perhaps this is not the news employers have been eagerly awaiting.
United States
25 Oct 2016
Employers Beware – The Third Circuit Strictly Construes The FLSA Regulations To Prevent Taking Credit To Offset Overtime Obligations With Amounts Paid Voluntarily For Bona Fide Meal Periods
As employers prepare to implement the new federal Department of Labor regulations which, on December 1, 2016, will double the minimum salary required for many exemptions under the Fair Labor Standards Act ("FLSA"), employers should also consider revisiting how they are calculating hours worked for their nonexempt employees.
United States
18 Oct 2016
EEOC Settles First Sexual Orientation Discrimination Suit
The U.S. Equal Employment Opportunity Commission (EEOC) announced last week that it had settled a suit against Pallet Companies (doing business as IFCO Systems) for $202,200.
United States
6 Jul 2016
Employers Cannot Shorten Time Frame To Bring Claims Under N.J. LAD
The Supreme Court of New Jersey ruled that provisions in employment agreements shortening the limitations period for bringing claims under the New Jersey Law Against Discrimination are unenforceable.
United States
16 Jun 2016
New York Appeals Court Imposes Individual Employee Liability For Interfering With FMLA Leave And Retaliation
On March 17, 2016, the federal Court of Appeals in New York held for the first time as Second Circuit law that a human resources director and other managers can be liable for personally violating another employee's rights under the Family and Medical Leave Act ("FMLA").
United States
14 Apr 2016
Supreme Court Hands Labor Unions a Reprieve
In the second split decision since the passing of Justice Antonin Scalia, the Supreme Court gave organized labor a status quo victory in Friedrichs v. California Teachers Association on Tuesday.
United States
31 Mar 2016
16 Labor & Employment Resolutions For 2016
Chewbacca has announced that he and R2D2 will be challenging Donald Trump for the Republican nomination.
United States
4 Jan 2016
Non-Competes Must Be Supported By Consideration In Pennsylvania: No Exception Based On Employee's Agreement To Be Legally Bound
The Pennsylvania Supreme Court has ruled that a non-compete entered after the onset of employment without additional consideration is not enforceable even if the employee expressly agreed "to be legally bound."
United States
24 Nov 2015
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