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Court Curbs Class Action In Gender Bias Case
In an employment discrimination decision significant to employers seeking to avoid class actions in court, the U.S. Court of Appeals for the Second Circuit has ruled that an arbitration clause in an employment contract precluded one of the three plaintiffs in a gender discrimination class action from proceeding in federal court and required her to arbitrate her claim privately.Employment Law: Court Decisions Focus On Harassment, Retaliation
In two 5-4 decisions under Title VII of the Civil Rights Act of 1964, the U.S. Supreme Court has defined new standards for who qualifies as a "supervisor" in employment workplace harassment cases, thereby changing the standard now applied in the Second Circuit.Proposed Regulations for Retirement Plans
The American Jobs Creation Act of 2004 introduced sweeping new restrictions on deferred compensation plans and arrangements. In December 2004, the Treasury Department issued preliminary guidance new in the form of Notice 2005-1.
Nurses Held Exempt Under N.J. Wage and Hour Law
Registered nurses are held to be exempt from overtime pay, under the N.J. Wage and Hour Law.
Free Speech Rights Limited For Private Sector Workers
In a significant decision favorable to employers, Schumann v. Dianon (SC 18655, May 1, 2012), the Connecticut Supreme Court ruled in an appellate issue of first impression that private sector employees are not entitled to First Amendment free speech protection when speaking about job-related matters in the course of their employment duties resulting in adverse employment actions or termination of their employment – a rule previously applied to public sector employees in Connecticut.
How to Avoid Lawsuits by Tech-Driven Employees
With increasing numbers of workers expected to be on call 24 hours a day via personal wireless devices, there is a growing threat that employees will grow resentful and decide to take legal action against their employers. Possible claims could include dependency, stress-related illnesses and carpal tunnel syndrome, as well as overtime pay claims by nonexempt employees. Law professor Frank C. Morris Jr. reveals the top five steps an employer can take to avoid liability.
Hospitals Are Protected If They Share Negative Information About Former Employees
Health-care entities are immune if they share negative information about former employees.
Do Immunity Statutes Protect Rescue Squads?
In a case of first impression in New Jersey, the Supreme Court held that while the Emergency Medical Services Act (EMS Act) and Good Samaritan Act provide immunity to officers and members of a rescue squad for civil damages, the plain language of those statutes does not provide immunity to a rescue squad as an entity.Trending Stories
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Good Legal Technology is Good Business: A Case for Bringing Employment Issues In-House
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State AI Legislation Is on the Move in 2024
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2024 ESI Risk Management & Litigation Readiness Report
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