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Employment Litigation in Review #7

ODEP Develops Database with 3,000 Ready-for-Hire Candidates Who Have Disabilities On December 5, 2012, the Office of Disability Employment Policy (ODEP) announced its new Workforce Recruitment Program. The program includes the creation of a database containing nearly 3,000 ready-for-hire candidates who have disabilities. According to its news release, [t]he database contains profiles of postsecondary students […]

Federal Court Finds That Veganism May Constitute a Religious Belief

The flu season has started out strong this year, already reaching epidemic proportions.  A public health emergency has been declared in Boston as flu cases skyrocket to levels 10 times higher than the 2011-2012 season. A mere cough or sneeze from a co-worker now sends people into red-alert as they scramble for the hand-sanitizer and […]

Who is Considered a “Supervisor”?

The U.S. Supreme Court is set to hear oral argument in Vance v. Ball State University addressing the definition of “supervisor” for the purposes of liability under Title VII of the Civil Rights Act of 1964.  An employer can be held vicariously liable for the actions of a supervisor who discriminates against another employee on the […]

Employment Litigation in Review #6 (The Summer 2012 Edition)

U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt from Overtime Pay  Christopher v. Smithkline Beecham Corp., 567 U. S. ____ (2012). On June 18, 2012, the Supreme Court in a 5-4 decision resolved a conflict between the Second and Ninth Circuit Courts of Appeal where the two Circuits differed as to whether pharmaceutical sales […]

NLRB Temporarily Enjoins Notice Requirements In Response to Conflicting Decisions

Chamber of Commerce of the United States v. NLRB, Case No. 2:11-CV-02516-DCN (D.S.C. April 13, 2012). It seems that Friday the 13th was definitely an unlucky day for the National Labor and Relations Board (“NLRB”); a Federal District Court for South Carolina held that the NLRB exceeded its authority by issuing a rule requiring employers […]

Employment Litigation in Review #4

It’s been over a month since our last employment review, so here are some updates that have recently occurred in the employment and labor field. U.S. District Court in the District of Columbia Upholds NLRB’s Posting Rule  National Association of Manufacturers, et al. v. National Labor Relations Board, et al., 1:11-CV-01629 (U.S.D.C. March 2, 2012) […]

Employment Litigation in Review #3

Since January flew by, we decided that its time to draft another Employment Litigation in Review in order to keep everyone up-to-date on a few changes in the industry. Federal Cell Phone Rules Compliance Guide Come into Effect On January 3, 2012, the new rule regarding limits on the use of cell phones by the […]

Fourth Circuit Rules Employer Must Enforce Dress Code Evenhandedly

NLRB v. White Oak Manor, 11-CA-21786 (reported at 355 NLRB No. 211) (4th Cir., October 28, 2011). On October 28, 2011, the Fourth Circuit granted the National Labor Relations Board’s application for enforcement of an administrative law judge’s decision that White Oak Manor (“White Oak”) violated the National Labor Relations Act (“NLRA”) by terminating an […]

New York Court Applies Wage Theft Protection Act and New Rules Regarding Retaliation for Verbal Complaints Retroactively

Ji v. Belle World Beauty, Inc., Supreme Ct., NY County (8/24/2011)  On August 24, 2011 the New York State Supreme Court for New York County issued a decision which, if upheld, significantly increases employer penalties for failing to properly pay employees minimum wages and overtime. Plaintiffs Ji and Zhu worked as nail technicians for defendants. […]

Not All Actions Taken by Seller of “Good Will” Constitute Improper Solicitation

Bessemer Trust Co., N.A. v. Branin, 16 N.Y.3d 549, 949 N.E.2d 462 (April 28, 2011) In New York there is an “implied covenant” or “duty to refrain from soliciting former customers” when a transaction involves the sale “good will” of an established business. However, on April 28, 2011, the Second Circuit ruled that this duty […]

Court Holds Separation Agreement Was Clear

Ridinger v. Dow Jones & Co., Inc., No. 10-1771 (C.A.2 (N.Y.)) On July 11, 2011, the Second Circuit Court of Appeals affirmed a Magistrate Judge’s decision to summarily dismiss an age discrimination complaint as barred by a separation agreement entered into by a terminated employee. The case centered on the issue of whether a separation agreement executed by […]

Wage Theft Prevention Act

New York State Requires New Employee Notifications, Record-Keeping, Increases Fines for Minimum Wage and Overtime Violations, and Strengthens Whistleblower Protections On December 13, 2010, Governor Patterson signed the Wage Theft Prevention Act (the “Act”) into law. The Act attempts to address the problem of employers who fail to pay statutorily mandated minimum wage and overtime […]