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...
Dec 31, 2001
Year In Review
Supreme Court 2000-2001 Year In Review
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...
Dec 31, 2001
Wage & Hour Issues
Wage & Hour Update: A Resurgence in Litigation Over Employees. Exempt/Non-Exempt Status Under the FLSA
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...
Dec 31, 2001
Employment Discrimination
Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001
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,...
Dec 31, 2001
Employment Discrimination
Class Action Litigation of Employment Discrimination Claims in 2001
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...
Dec 31, 2001
Year In Review
Familiar Topics in Unfamiliar Times: Legal Issues Faced By Employers in the Wake of the Terrorist Attacks
The events of September 11 have profoundly affected many facets of our society, including employment relationships and interactions in the workplace. Employers must now confront a number of legal issues that were always in...
Continuing pressures on the global economy, exacerbated by the tragic events of September 11, have forced many employers to reduce expenses in an effort to enhance their prospects for long-term profitability. In some...
Dec 31, 2001
Employment Discrimination
Changes in California Labor and Employment Law to Take Effect on January 1, 2002
During the year 2001, several pieces of significant legislation were enacted in California that effectively expand employee rights and legal protections. Recent legislation also requires California employers to post new...
In 2000, New York City enacted the Gender-Motivated Violence Act (“GMVA”), N.Y.C. Code § 8-101, et seq. The GMVA went into effect on December 19, 2000. While the GMVA has now been in effect for a year, it has...
Dec 31, 2001
General Employment Issues
Staying Out of Court: Mandatory Arbitration of Employment Claims
The past year has seen significant developments in the law governing employer-created dispute resolution programs that provide for mandatory arbitration of employment-related claims, including discrimination and harassment...