An Epic Day: Employers May Require Class Action Waivers In Mandatory Employment Agreements

2018-05-22T16:46:10+00:00 May 22nd, 2018|Categories: Alexis P. Theriault, Discrimination & Harassment, FLSA, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, Litigation, MCAD & EEOC, Regulatory Compliance, Wage & Hour|Tags: |

Depending on your perspective, the Supreme Court’s decision yesterday in Epic Systems Corp. v. Lewis provided much-needed certainty to employers or dealt a serious blow to employees. The vote was 5 to 4, and the Court’s newest justice, Neil Gorsuch, authored majority decision joined by the so-called conservative justices. That

Employees need to do more than just whistle at work: Supreme Court requires whistleblowers to report to SEC to be protected by Dodd-Frank

2018-02-28T15:47:48+00:00 February 28th, 2018|Categories: Daniel Fishman, Human Resources Compliance|Tags: , , |

On February 21, 2018, the Supreme Court of the United States narrowed the universe of whistleblowers who are protected by the powerful anti-retaliation provisions within the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

Supreme Court Limits Effectiveness of Rule 68 Offers as a Tool to Combat Class Action Litigation

2018-02-28T20:56:44+00:00 February 4th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, FLSA, Laws & Regulations, Litigation|Tags: |

Since the advent of modern class action litigation in the 1960s, companies have struggled to stem the tide of these time-consuming and expensive lawsuits. Consider the following strategy. After learning that a plaintiff has filed a putative class action against it, the company offers to fully and completely compensate the named plaintiff for its injuries,

Supreme Court Considers Timing For Constructive Discharge Claims

2018-02-28T20:57:03+00:00 December 16th, 2015|Categories: Alexis P. Theriault, Discrimination & Harassment, Litigation, MCAD & EEOC|Tags: |

In Green v. Brennan, the Supreme Court will decide an important procedural question involving the issue of “constructive discharge”—what is the trigger that starts the clock for filing a claim? Is it the employer’s last discriminatory act or the date of the employee’s resignation? The Justices heard argument on November 30th, and a decision is

What Can Brown Do For You? Accommodate Your Pregnancy!

2018-02-28T20:58:58+00:00 December 9th, 2015|Categories: Christopher Sweeney, Discrimination & Harassment, FMLA, Human Resources Compliance|Tags: |

United Parcel Service, with its familiar fleet of brown trucks, once asked rhetorically “What Can Brown Do for You?”. Thanks to a recent decision of the United States Supreme Court, UPS now has its answer. The Court’s decision held that UPS and other employers must provide reasonable accommodations to pregnant employees where denying such

Legalization of Same-Sex Marriage Nationwide May Have Implications for Employers

2018-02-28T20:59:40+00:00 June 29th, 2015|Categories: Christopher Sweeney, Discrimination & Harassment, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations|Tags: |

On June 26, 2015, the Supreme Court held in Obergefell, et al. v. Hodges, et al., that the due process and equal protection clauses of the United States Constitution guarantee the right of same-sex couples to marry. The 5-4 decision authored by Justice Anthony Kennedy directs that all states must issue marriage licenses to

The Lowdown on the US Supreme Court Abercrombie Decision

2018-02-28T20:58:35+00:00 June 2nd, 2015|Categories: Discrimination & Harassment, MCAD & EEOC, Thomas J. Gallitano|Tags: |

Photo Credit: Mordy Steinfeld CC In a decisive 8-1 ruling, the U.S. Supreme Court sided yesterday with the EEOC in the religious discrimination case of Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86, Supreme Court of the United States (June 1, 2015). In a Nutshell Justice Antonin Scalia, writing