Fifth Circuit Says ERISA does not Prevent Payment of Pension in Instances of...
Brown v. Continental Airlines, Inc., No. 10-20015 (5th Cir. July 18, 2011) On July 18, 2011, the Fifth Circuit refused to extend the “sham” transaction doctrine into claims involving ERISA. The Court...
View ArticleNew Jersey WARN Act Applicable To Parent And Affiliated Companies
In DeRosa v. Accredited Home Lenders, Inc., Case No. A-3727-09T3 (NJ Superior Ct. App. Div., June 14, 2011), New Jersey’s Appellate Division held that parents or affiliates (including a private equity...
View ArticleNLRB Holds that the Supreme Court’s Decision in Hoffman Prevents Backpay for...
Mezonos Maven Bakery, Inc. and Puerto Rican Legal Defense and Education Fund. Case No. 29–CA– 25476 (August 9, 2011) On August 9, 2011 the National Labor Relations Board unanimously held that under...
View ArticleFifth Circuit Determines That Temporary, Indefinite Employment Does Not Toll...
Phillips v. Leggett & Platt, Inc., No. 10-60585 (5th Cir. Sept. 21, 2011) On September 21, 2011, the Fifth Circuit reversed a district court’s decision to award an age discrimination plaintiff...
View Article290 Pound Man Files Suit in S.D.N.Y. Claiming That his Civil Rights/ADA Were...
Although not a typical employee discrimination case, a recent complaint was filed in S.D.N.Y. claiming that a customer’s civil rights/ADA were violated when the customer could not fit into a White...
View ArticleNew York Appellate Court Provides Guide for Courts Considering Discrimination...
Bennett v. Health Mgt. Sys., Inc. 2011 NY Slip Op 09206 (1st Dept. Dec. 20, 2011). In a recent case, a New York State Court examined whether, and to what extent, the three-step burden-shifting approach...
View ArticleWhat’s in Your Employee Handbook?
Employers should always have an employee handbook. Generally, where a company does not have a handbook, it risks increased litigation, especially since both the FMLA and COBRA require policies...
View ArticleEqual Employment Opportunity Commission Ruling Protects Transgender Individuals
Macy v. Holder, Appeal No. 0120120821, Agency No. ATF-2011-00751 (April 23, 2012) On April 23, 2012, the Equal Employment Opportunity Commission (“EEOC”) held in a landmark decision, that transgender...
View ArticleUConn Women’s Basketball Coach Named in Employment Discrimination Suit by...
Former N.Y.P.D. narcotics detective Kelley Hardwick, who now serves as a Director in the NBA’s Security Department, alleges that Coach Geno Auriemma of University of Connecticut Women’s Basketball Team...
View ArticleCircuit Split: How Does the CFAA Apply to Employment Cases?
Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against...
View ArticleMessage to Employers: When Terminating an Employee Never Mention Anything...
Brazil v. Volkert, Inc., 2012 U.S. Dist. LEXIS 164601 (N.D. Ala. Nov. 19, 2012). Employers should carefully prepare what they say to employees who they intend to terminate before actually saying it....
View ArticleSecond Circuit Adopts EEOC’s Rule on Harassment by a Nonemployee
In a recent opinion, the Second Circuit adopted the Equal Employment Opportunity Commission’s (“EEOC”) rule imputing employer liability when a worker reports harassment by a nonemployee. The case,...
View ArticleAge Discrimination Claims under the Equal Protection Clause? The Supreme...
The Supreme Court recently granted certiorari to consider the question of “[w]hether the Seventh Circuit erred in holding, in an acknowledged departure from the rule in at least four other circuits,...
View ArticleHigher Insurance Premiums for Smokers and the Obese
The perils of smoking and obesity have long been the topic of conversation in doctors’ offices and between nagging family members. However, employers are jumping on the bandwagon by imposing higher...
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