Arbitrator, Not Court, Should Determine Whether Employment Agreements Permit...
By Michael S. Arnold New York’s First Department – an intermediate appeals court – recently affirmed a New York County trial court decision holding that an arbitrator, not a court, should decide...
View ArticleSouthern District of New York Judge Holds that Fair Labor Standard Act...
By Michael S. Arnold Employers should take notice of a recent case out of the Southern District of New York, Raniere v. Citigroup, Inc., 11 Civ. 2448, 2011 WL 5881926 (S.D.N.Y. Nov. 22, 2011) (Sweet,...
View ArticleNLRB Says Employers - Even Those With Non-Unionized Workforces - Cannot...
By Richard H. Block and Michael S. Arnold In yet another controversial move, the National Labor Relations Board (NLRB) has ruled that employers violate the National Labor Relations Act (NLRA) when they...
View ArticleNLRB: Employees' Facebook Comments Are Protected Concerted Activity
By Brandon T. Willenberg The National Labor Relations Board’s closed out an already busy year addressing social media’s impact on employee rights in non-unionized workplaces (see our prior related blog...
View ArticleNLRB Protects Nonunionized Workers- Again
By Martha J. Zackin The National Labor Relations Board has issued yet another decision pertaining to non-unionized workplaces. This time, in Supply Technologies, LLC, the Board found that an...
View ArticleFLSA Class Actions: Recent Seventh Circuit Decision Points To Merger Of...
By Kevin M. McGinty A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the...
View ArticleFLSA Collective Action: Supreme Court Holds Offer of Judgment Moots Claim
By Christophe R. Difo and Martha J. Zackin Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case? According to the US Supreme Court,...
View ArticleUnpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify...
By Michael A. Arnold As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify...
View Article
