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Adobe PDFSeventh Circuit Rejects Brokers’ Challenge of Production Based Bonuses As Racially Discriminatory
Andrée Peart Laney; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
October 4, 2012, previously published on September 28, 2012
On September 11, 2012, in McReynolds v. Merrill Lynch & Co., 115 FEP Cases 1668 (7th Cir. 2012), the Seventh Circuit Court of Appeals affirmed the district court’s dismissal of a race discrimination action brought by nine African American financial advisors (“FAs”) and...

 

Adobe PDFThe NLRB Rules That Costco’s Social Media Policy Is No Bargain
Andrée Peart Laney; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
October 4, 2012, previously published on September 28, 2012
On September 7, 2012, the National Labor Relations Board (“NLRB”) made its first foray into assessing employers’ social media policies in Costco Wholesale Corporation and United Food and Commercial Workers Union, Local 371, Case 34-CA-012421 (Sept. 7, 2012). In that case, the NLRB...

 

Adobe PDFArbitration Update: California Court Severs Unconscionable Provisions But Enforces Arbitration Agreement
Emily J. Bordens, Michael T. Hensley, Dennis Kadian, Andrée Peart Laney, Jed L. Marcus, Tracey Salmon-Smith; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
March 6, 2012, previously published on March 2, 2012
An instructive decision of a U.S. District Court in California, Laughlin v. VMWare, Inc., No. 11-cv-00530, 2012 U.S. Dist. LEXIS 12262 (N.D. Cal. Feb. 1, 2012), granted an employer’s motion to compel arbitration of its employee’s claims, despite its ruling that the employer’s...

 

Adobe PDFOSHA Outlook 2012 Multi-Employer Liability Exposure
Emily J. Bordens, Michael T. Hensley, Dennis Kadian, Andrée Peart Laney, Jed L. Marcus, Tracey Salmon-Smith; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
March 6, 2012, previously published on March 2, 2012
In 2011, OSHA made it well known that it was inspecting construction sites with a new lens: an extremely clear and focused one. OSHA citations for egregious and significant violations hit a ten-year high in the 2011 fiscal reporting year. Stringent application of its regulations is expected to...

 

Adobe PDFU.S. Department of Labor Issues Proposed Rule Amendment to Family and Medical Leave Act
Emily J. Bordens, Michael T. Hensley, Dennis Kadian, Andrée Peart Laney, Jed L. Marcus, Tracey Salmon-Smith; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
March 6, 2012, previously published on March 2, 2012
On January 30, 2012, the U.S. Department of Labor issued a proposed amendment to the Family and Medical Leave Act (“FMLA”) Rules to implement amendments of two other federal acts: the National Defense Authorization Act for Fiscal Year 2010 (“NDAA”) and the Airline Flight...

 

Adobe PDFNew Jersey Employer’s Benefits Under Newly Enacted Trade Secrets Act
Emily J. Bordens, Michael T. Hensley, Dennis Kadian, Andrée Peart Laney, Jed L. Marcus, Tracey Salmon-Smith; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
February 7, 2012, previously published on February 2012
Employers with trade secrets to protect from pirating and/or disgruntled employees should take note of applicable provisions of the New Jersey Trade Secrets Act (“Act”), effective January 5, 2012, which includes remedies applicable to an employee’s misappropriation of the...

 

Adobe PDFControversal NLRB Decision: Waivers Requiring Individual Pursuit of Claims Violate NLRA
Emily J. Bordens, Michael T. Hensley, Dennis Kadian, Andrée Peart Laney, Jed L. Marcus, Tracey Salmon-Smith; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
February 7, 2012, previously published on February 2012
The National Labor Relations Board (“NLRB” or “Board”) recently held in D.R. Horton, Inc. and Michael Cuda, Case 12-CA-25764 (January 3, 2012), that class action waivers which preclude employees from pursuing any relief other than individual claims are unenforceable and...

 

Adobe PDFNew Jersey Supreme Court Reaffirms Rendine Fee-Shifitng Analysis
Emily J. Bordens, Michael T. Hensley, Dennis Kadian, Andrée Peart Laney, Jed L. Marcus, Tracey Salmon-Smith; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
February 7, 2012, previously published on February 2012
On January 25, 2012, the New Jersey Supreme Court, in Walker v. Guiffre, Case Nos. 72-10, 100- 10 (N.J. Jan. 25, 2012), reaffirmed the framework established in Rendine v. Pantzer, 141 N.J. 292 (1995), for awarding attorneys’ fees pursuant to statutory fee-shifting provisions, including those...

 

Adobe PDFSummer Explodes with Important Developments in Labor and Employment Law
Andrée Peart Laney, Jed L. Marcus, Emily J. Wexler; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
July 13, 2011, previously published on July 2011
The advent of summer turns thoughts to vacations, sunny beaches and best-selling novels, but given the recent explosion of important new developments in labor and employment law, you may want to take along the court decisions and new laws that make up this month’s update.