Ok, bear with me for a second. If your employees want to bring a class action against your company claiming that they should’ve been paid overtime, there are typically two ways to do so: Bring a claim under state law, or bring a claim under federal law (Fair Labor Standards Act). There’s a big difference:… Continue Reading
Tag Archives: action
The Quickly Shifting Landscape of Class Actions and Arbtirations
Posted in Class Actions, Litigation, Wage & HourNow that the dust has settled a bit, it’s time to look at the long-term impact of last month’s Supreme Court decision in AT&T v. Concepcion for employment matters. (For a great analysis of the decision itself, see this SCOTUSblog post.) All the analysis that has been coming out seems to suggest that there are two main… Continue Reading
BREAKING: U.S. Supreme Court Allows “Cat’s Paw” Theory of Liability in Discrimination Cases
Posted in Discrimination & Harassment, LitigationTime and again, pundits suggest that the U.S. Supreme Court now is among the most conservative in decades and, by extension, pro-business. If that’s the case, they’re going to be awfully surprised with today’s 8-0 ruling in Staub v. Proctor Hospital (download here) in which the court broadened the methods that an employee can use… Continue Reading
Paid Administrative Leave is Not an “Adverse Employment Action”
Posted in Discrimination & Harassment, LitigationNot everything that happens in the workplace can give rise to a viable discrimination or retaliation claim. Various courts have emphasized that there must be an "adverse employment action". Otherwise, a claim will go nowhere. But what exactly IS an adverse employment action? A new federal court case in Connecticut — in borrowing from judicial dictum… Continue Reading
