A new case out of the Second Circuit answers a question that has perplexed employers: How can an employer defend itself from an employment discrimination claim when the person who made the decision becomes “unavailable?”
(“Unavailable” can take many meanings such as, the witness is out of the country, but in many cases it means
As Google was quick to remind us, today would have been Julia Child’s 100th birthday today.
In cooking, lots of recipies call for seasoning with salt and pepper. In fact, its so common, that you might overlook it.
For employers, the simple ingredient
There are three major “white-collar” exemptions to the federal overtime rules that are, to some employers, a bit confusing to say the least. One of them — the “executive” exemption — is mistakenly understood to just include, well, senior executives of a company.
A new case out by the Second Circuit (Ramos v. Baldor
Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time.
Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court was getting into the superhero business with the establishment of a
Back in June, I talked about a new district court case on restrictive covenants. My law partner, Joshua Hawks-Ladds, follows up today with results of the appeal. For employers who have a non-compete agreement, this decision emphasizes the need to seek an injunction quickly to protect the employer’s interests.
Let’s say that you, as
Back in 2009, I reported on a large verdict in favor of a reservist who was fired after he was called to duty after the 9/11 attacks.
This month, the Second Circuit affirmed the verdict — making it one of the largest verdicts upheld under USERRA (the- Uniformed Services Employment and Reemployment Rights Act).
The
The Second Circuit today reinstated claims brought by a black firefighter against the City of New Haven alleging that he was unfairly denied promotion to the position of lieutenant because of the city’s scoring of a 2003 promotional exam. (I covered the original lawsuit back in 2009 here.)
The decision in Briscoe v. City
USERRA (quick, name that acronym, answer down below) is a oft-misunderstood federal statute that addresses employment issues for reservists and active duty members of the armed forces.
A recent Second Circuit decision (Hart v. Family Dental Group, decided May 31, 2011), arising from a federal court filing
Earlier this month, the Second Circuit (Jock v. Sterling Jewelers, Inc.) affirmed an arbitrator’s decision, concluding that the arbitrator’s analysis should be upheld even if the District Court disagreed with the legal analysis. Such a decision is entitled to “substantial deference”.
The case rests on the principle that arbitrations are not going to
Last month, I discussed a very notable decision in D’Antuono v. Service Road Corp. in which the federal court — relying in part on the Supreme Court’s decision in AT&T Mobility — ordered two exotic dancers to arbitrate their employment-related claims.
A few days ago, the same district court allowed the dancers to take an