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” If the harasser is a coworker, the employee must show that she experienced unwelcome harassment; the harassment was based on her gender; it was sufficiently severe or pervasive to affect a term, condition, or privilege of employment; and the employer knew or should have known about the harassment and failed to take prompt remedial action. [read post]
12 Apr 2018, 7:42 pm by Cynthia Marcotte Stamer
§§ 531.52, 531.54, and 531.59 that barred tip pooling when employers pay tipped employees at least the full FLSA minimum wage and do not claim a tip credit have no further force or effect pending future WHD action. [read post]
12 Apr 2018, 10:13 am by msatta
In its December 2017 decision PCC Structurals, Inc., the Board overturned Specialty Healthcare, eliminating Yale’s department-specific approach as a legally permissible configuration. [read post]
12 Apr 2018, 9:36 am by Rebecca Tushnet
  Clients are willing to do some licensing or some no-action (which doesn’t mean that it’s not circumvention). [read post]
2 Apr 2018, 4:03 pm by Kevin LaCroix
  And, if the CEO falls short, the board’s actions or lack thereof will also be scrutinized and called into question. [read post]
1 Apr 2018, 8:25 pm by Aaron Barkoff
  Without proof of causation, which is an essential element of GSK's action, a finding of inducement cannot stand. [read post]
1 Apr 2018, 8:25 pm by Aaron Barkoff
  Without proof of causation, which is an essential element of GSK's action, a finding of inducement cannot stand. [read post]
1 Apr 2018, 4:00 am by Administrator
Class Actions: Litigate or ArbitrateTELUS Communications Inc. v. [read post]
30 Mar 2018, 5:00 am by Jesse Lempel
Several courts point to the Restatement (Third) of Unfair Competition §47, which explains that “use of a person’s identity primarily for the purpose of communicating information or expressing ideas is not generally actionable as a violation of the person’s right of publicity. [read post]
28 Mar 2018, 3:48 am by Edith Roberts
Resh, in which the court will decide whether the rule tolling the statute of limitations for individual actions filed after a failed class action also applies to subsequent class actions, for this blog. [read post]
27 Mar 2018, 5:02 pm by Wolfgang Demino
Plaintiff earned a Bachelor of Arts degree in Communications and Media from Fordham University in 2000 and a Juris Doctorate from New York Law School in February of 2004. [read post]
27 Mar 2018, 4:00 am by Michael Erdle
Formal settlement offers could be communicated, but must be kept confidential. [read post]