Insights

California’s Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786 (the “Act”) was recently amended in ways that will prove far more onerous to California employers than the old law. These...

By a vote of 5-4, the United States Supreme Court has struck down a controversial Department of Labor (“DOL”) regulation providing that time off from work may not be counted against an employee’s 12 weeks of...

The Age Discrimination in Employment Act (“ADEA”) prohibits employers from discriminating against employees who are age forty and over. The statute provides that if a jury finds an employer willfully violated...

In the latest development relating to the rights of employees represented by a union to refrain from union activity, a federal judge has struck down an Executive Order issued by President Bush that required government...

In its latest pronouncement relating to the subject of the arbitration of employment discrimination claims, the U.S. Supreme Court has ruled that the Equal Employment Opportunity Commission (“EEOC”) may file a...

In a unanimous opinion, the U.S. Supreme Court has adopted a narrow definition of “disability” under the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq. and, in so doing, has...

In 2001, the U.S. Supreme Court issued a number of decisions that impact significantly on American workplaces. For example, the Court ruled that arbitration clauses in employment agreements are enforceable under the Federal...

One of the more startling legal developments in the American workplace over the past year is the precipitous rise in litigation under the Fair Labor Standards Act (“FLSA”) and similar state wage laws governing...

Mistake No. 1: Failing to retain relevant records and to provide accurate facts in the course of an administrative agency’s investigation Byrnie v. Town of Cromwell, Bd. of Educ., 243 F.3d 92 (2d Cir. 2001) Plaintiff,...

Employers spent millions of dollars in 2001 defending class action discrimination cases, and some employers spent millions more settling such cases. What is a class action? A class action lawsuit enables one or more members...