By Jeremy J. Gray of Zuber & Taillieu LLP
The Second Circuit U.S. Court of Appeals has held that two provisions of the Railway Labor Act (“RLA”), 45 U.S.C. section 152, do not provide a private cause of action that would enable unhappy employees to overturn reworked agreements entered into by their union. In Lindsay v. Association of Professional… More...
The Ninth Circuit U.S Court of Appeals has held that personal liability for unpaid wages and overtime compensation under Fair Labor Standards Act (FLSA) can be imposed upon individual corporate managers who exercise control over the employment relationship, even though the corporation has filed for More...
In a case of first impression, the Third U.S. Circuit Court of Appeals has agreed with three other federal appellate courts in finding that Section 1981 of the Civil Rights Act extends beyond employees to independent contractors.In Brown v. J. Kaz Inc. d/b/a Craftmatic of Pittsburgh, 581 F.3d 175 More...
The Second Circuit U.S. Court of Appeals has held that under the federal Age Discrimination in Employment Act, employers may be held liable for discriminatory employment actions taken by their independent contractors. In Halpert v. Manhattan Apartments Inc., 580 F.3d 86 (2nd Cir. 2009), the Court More...
The Ninth Circuit ruled that two in-house counsel could sue their former employer for wrongful termination under the Sarbanes-Oxley whistleblower provision, stating that the plaintiffs only needed to demonstrate that they reasonably believed fraud had occurred, not that fraud actually had occurred. More...
The California Supreme Court affirmed that employees have a reasonable expectation of privacy in the workplace, but held that in some circumstances, those rights may be limited, taking a backseat to an employer’s “legitimate business interests.” In Hernandez v. Hillsides, 47 Cal. 4th 272, 211 More...
The California Supreme Court has held that a few vulgar and offensive but isolated comments made on a single day in the course of a professional relationship lasting several years did not constitute either actionable sexual harassment or intentional infliction of emotional distress. In Hughes v. More...
In a split decision that broke along conservative and liberal lines, the Supreme Court found that the city of New Haven engaged in reverse discrimination and violated Title VII of the Civil Rights Act of 1964 when it tossed out a qualification test that generated a sharp disparate impact in favor More...
In a 5-4 decision, the U.S. Supreme Court determined that the burden-shifting standard applicable to “mixed-motive” discrimination cases brought under Title VII specifically does not apply to age discrimination cases brought under the ADEA, pursuant to the plain statutory language of the ADEA. More...
A recent Supreme Court ruling has many practitioners – and perhaps Justice Ginsberg – anticipating the appointment of a woman to the Supreme Court to replace Justice Souter. While the ruling in AT&T v. Hulteen, ___ U.S. ___, 129 S.Ct. 1962 (2009), is relatively narrow in its specific More...
The Third Circuit U.S. Court of Appeals has upheld the Philadelphia Police Department’s dress code policy that forbids police officers from wearing any religious garb. When the city prohibited a female officer from wearing a Muslim head scarf with her uniform, she sued the city, alleging More...
