Employment Law Updates

Featured Expert Legal Commentary

Sutherland v. Ernst & Young LLP: Second Circuit Denies Class Arbitration for Low-Value Employment Claims

By Jeremy Gray of Zuber Lawler & Del Duca

The Second Circuit has upheld a waiver of class arbitration under the Federal Labor Standards Act. In Sutherland v. Ernst & Young LLP, No. 12-304 (2d Cir. Aug. 9, 2013), the Court found that the high cost of pursuing individual arbitration in light of a very low-value claim was not… More...

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Sun Capital Partners III, LP v. New England Teamsters: First Circuit Targets Private Equity Funds for Pension Withdrawal Liability

Sun Capital Partners III, LP v. New England Teamsters & Trucking Ind. Pension Fund  |  October 21, 2013

The First Circuit recently made it easier for multiemployer pensions to collect unfunded pension liabilities from the private equity owners of troubled companies. In Sun Capital Partners III, LP v. New England Teamsters & Trucking Ind. Pension Fund, No. 12-2312 (1st Cir. July 24, 2013), the Court More...

Univ. of Tex. Southwestern Med. Ctr. v. Nassar: Supreme Court Mandates Strict Burden for Title VII Retaliation Plaintiffs

Univ. of Tex. Southwestern Med. Ctr. v. Nassar  |  August 8, 2013

In another split decision on Title VII evidentiary standards, the Supreme Court held that plaintiffs alleging retaliation claims under Title VII’s § 2000e-3(a) must show that the employer’s motivation to retaliate was the but-for cause of the challenged employment action. In Univ. of Tex. More...

Vance v. Ball State University: Supreme Court Limits Employer Exposure to Strict Liability Under Title VII

Vance v. Ball State University  |  July 22, 2013

The Supreme Court recently held that in Title VII workplace discrimination claims, an employer is exposed to vicarious liability as to the actions of only those employees who can take tangible employment actions against victims, rather than those who have mere daily supervisory authority. In Vance More...

Parisi v. Goldman Sachs & Co.: Second Circuit Upholds Arbitration Clause Barring Title VII ‘Pattern-or-Practice’

Parisi v. Goldman Sachs & Co.  |  May 22, 2013

The Second Circuit recently upheld the use of arbitration in a Title VII gender discrimination case even when the arbitration clause forbid class-wide arbitration. In Parisi v. Goldman Sachs & Co., No. 11-5229-cv (2d Cir. March 21, 2013), the Court found that Title VII “pattern-or-practice,” More...

Genesis Healthcare Corp. v. Symczyk: Divided Supreme Court Rules Against FLSA Plaintiff Seeking Class Status

Genesis Healthcare Corp. v. Symczyk  |  May 16, 2013

The Supreme Court recently held that a plaintiff had no “continuing interest” in her FLSA case, and thus could not go forward representing similarly situated, unnamed claimants. In Genesis Healthcare Corp. v. Symczyk, 11-1059 (U.S. Apr. 16, 2013), a 5-4 Supreme Court found that once a FLSA More...

EEOC v. United Parcel Service, Inc.: District Court Declines to Require Heightened Pleading from EEOC

EEOC v. United Parcel Service, Inc.  |  March 25, 2013

A federal district court recently upheld the EEOC’s ability to file suits against employers without pleading facts unique to each member of an affected class. In EEOC v. United Parcel Service, Inc., 09-cv-5291 (N.D. Ill. Jan. 11, 2013), the court held that the EEOC’s complaint met the Iqbal More...

MacDermid, Inc. v. Deiter: Second Circuit Approves Long-Arm Jurisdiction When Remotely Accessing a Computer within the Jurisdiction

MacDermid, Inc. v. Deiter  |  February 15, 2013

The Second Circuit has approved long-arm jurisdiction over a foreign defendant who remotely accessed computers within the jurisdiction. In MacDermid, Inc. v. Deiter, 11-5388-cv, (2d. Cir. Dec. 26, 2012), the Court determined that such activity fell within the state’s long-arm statute and passed More...

Elgin v. Dept. of the Treasury: Supreme Court Precludes District Court Jurisdiction from Federal Employees Challenging Constitutionality of Workplace Statutes

Elgin v. Dept. of the Treasury  |  September 21, 2012

The Supreme Court recently clarified confusion over whether federal employees may bring suits in a district court when they challenge the constitutionality of federal employment statutes. In Elgin v. Dept. of the Treasury, 132 S.Ct. 2126 (2012), the Supreme Court held that district courts are More...

Christopher v. SmithKline Beecham Corp.: Supreme Court Limits FLSA’s Overtime Provisions; Deference to Agency Guidance on Regulations

Christopher v. SmithKline Beecham Corp.  |  September 13, 2012

The Supreme Court recently held that pharmaceutical sales representatives who inform doctors about prescription drugs but do not actually sell drugs are “outside salesmen” under the Fair Labor Standards Act, and are thus exempt from federal overtime laws. In Christopher v. SmithKline Beecham More...

Coleman v. Maryland: Divided Supreme Court Bars FMLA Self-Leave Claims against States

Coleman v. Maryland Court of Appeals  |  August 15, 2012

The Supreme Court has held that states cannot be sued for damages under the FMLA’s self-care provision. In a split decision, the four-member plurality found that unlike the family-care provisions of the FMLA, the self-care provision did not meet the congruence and proportional test of § 5 of More...

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Companies Mentioned

Employment Law

The following companies are mentioned in Employment Law Updates:

Ontario Police Department

City of Ontario

Arch Wireless Operating Company, Inc.

Equal Employment Opportunity Commission

Hosanna-Tabor Evangelical Lutheran Church and School

Sun Capital Advisors: Sun Capital Partners III

Highgate LTC Management, LLC

Sun Capital Partners IV

Southwestern Bell Video Services, Inc.

Sun Capital Advisors III, LP

SBC Telecom, Inc.

Sun Capital Advisors IV, LP

SBC Services, Inc.

Ernst & Young LLP

Pacific Telesis Group

Pacific Bell Telephone Co.

Pacific Bell Information Services

Advanced Solutions, Inc.

SmithKline Beecham Corp. d.b.a. GlaxoSmithKline

Cardone Industries, Inc.

Lehigh Valley Physicians Business Services, Inc.

Lehigh Valley Health Services, Inc.

B & D Contracting

Huron Valley Ambulance, Inc.

American Insurance Co.

Wal-Mart Stores, Inc.

Metropolitan Government of Nashville and Davidson County, Tennessee

City of Chicago

Reliance Standard Life Insurance Co.

Watkins Motor Lines, Inc.

New Process Steel L.P.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

National Labor Relations Board

Tulsa Winch, Inc.

Rent-A-Center West, Inc.

Ramsey Winch, Inc.

EGL, Inc.


Eagle Freight Systems, Inc.

DP Manufacturing, Inc.

Industrial Division of the Communications Workers of America


Visteon Corp.

Auto Crane Company

Google, Inc.

AT&T Corp.

U.S. Airways, Inc.

Rosen Louik & Perry, P.C.

FBL Financial Group, Inc.

United Parcel Service, Inc.