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Business & Employment Law

Federal Appellate Courts Reach Different Conclusions As To Whether Sexual Orientation Discrimination Is Prohibited By Title VII

Two federal appellate courts recently revisited the issue as to whether discrimination on the basis of sexual orientation constitutes sex discrimination in violation of Title VII of the Civil Rights ...
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Supreme Court Rules Abuse of Discretion Standard Applies to District Court's Enforcement of EEOC Subpoenas and EEOC Has Broad Subpoena Power

In McLane Co., Inc. v. Equal Employment Opportunity Commission, 581 U.S. --, -- S. Ct. --, 2017 WL 1199454 (2017), the United States Supreme Court was asked to decide whether a federal appellate court ...
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Fourth Circuit Establishes New Test for Joint Employer Liability Under the FLSA

In Salinas v. Commercial Interiors, Inc. , 848 F.3d 125 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit established a new test for determining whether two or more persons or ...
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Does a Company Waive the Attorney-Client Privilege When it Forwards Emails to Other Company Employees, Employees of a Subsidiary, or Former Employees?

When dealing with communications protected by the attorney-client privilege, companies face an added challenge that does not apply to most individuals. As we all know, emails can and are forwarded ...
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Employee's Failure to Mention Nature of Grandfather's Relationship Was Not Sufficient to Deny Employee's Request for FMLA Leave

In Coutard v. Municipal Credit Union, 848 F.3d 102 (2d Cir. 2017), the United States Court of Appeals for the Second Circuit held (1) that an employee met the eligibility requirements for leave under ...
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When is a Staffing Agency Employee an Employee of the Company to Which He/She is Assigned to Work?

In Interstate Fire & Casualty Company v. Dimensions Assurance Ltd. , 843 F.3d 133 (4th Cir. 2016), the United States Court of Appeals for the Fourth Circuit was asked to determine whether a nurse ...
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Appellate Court Answers Whether Reassignment to a Vacant Position Without Competition Constitutes a Reasonable Accommodation Under the ADA

In E.E.O.C. v. St. Joseph’s Hospital, Inc. , 842 F.3d 1333 (11th Cir. 2016), the United States Court of Appeals for the Eleventh Circuit addressed several issues concerning a former ...
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Evidence Posted on Facebook Led to Dismissal of Claim

As we all know, social media can be utilized in a variety of ways, many of which are productive and useful tools. It even can serve as a resource for evidence in litigation – in all types of ...
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Is Sexual Orientation Protected by Title VII?

Courts continue to disagree as to whether discrimination based on sexual orientation constitutes sex discrimination in violation of Title VII of the Civil Rights of 1964, as amended (“Title ...
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California Federal Court Addresses When a Web Page Consists of a Single Document

As companies rely more on the Internet to make disclosures to consumers, employees, applicants, businesses, and other parties, more questions are bound to be raised as to whether the disclosures are ...
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NRLR Finds Social Media Policy Prohibiting False and Misleading Statements and Disclosure of Confidential Information is Unlawful

The National Labor Relations Board (“NLRB” or “Board”) continued its attack on social media policies that it believes interfere with employees’ Section 7 rights. In ...
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When Can a Third Party Enforce a Contract?

Generally, only parties to a contract may seek enforcement of that contract. There are certain exceptions, however, where a third party may file suit to enforce the contract as an intended ...
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Second Circuit Applies Cat's Paw Theory to Retaliation by a Co-Worker

The cat’s paw theory of liability (written about here ) allows a company to be held liable for discrimination when an employee is terminated from employment by a supervisor who has no ...
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Montgomery County, Maryland Expands Earned Sick and Save Leave Law

On October 1, 2016, the Earned Sick and Save Leave Law went into effect for companies that employ individuals in Montgomery County, Maryland. A little over one month after the law took effect, ...
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Federal Court Enjoins Implementation of New FLSA Regulations

In State of Nevada v. United States Department of Labor, Civil Action No. 4:16-cv-00731, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), the United States District Court for the Eastern District of Texas ...
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New California Statute Limits Use of Choice of Law and Choice of Forum Provisions in Employment Contracts

On September 25, the State of California amended the California Labor Code with Section 1925, which limits an employer’s ability to include a choice of law or choice of forum provision in a ...
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Seventh Circuit Holds Title VII Does Not Prohibit Sexual Orientation Discrimination, But Addresses Gender Non-Conformity Claims That Are Viable

In Hively v. Ivy Tech Community College, No. 15-1720, 2016 WL 4039703 (7th Cir. July 28, 2016), the United States Court of Appeals for the Seventh Circuit revisited the issue of whether Title VII of ...
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Fourth Circuit Rules Courts May Consider Hearsay Evidence for Preliminary Injunction

In G.G. v. Gloucester County School Board, 822 F.3d 709 (4th Cir. 2016), the United States Court of Appeals for the Fourth Circuit joined several other federal appellate courts in ruling that courts ...
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Where is a Corporation's "Nerve Center" for Purposes of Diversity Jurisdiction?

In CostCommand, LLC v. WH Administrators, Inc. , 820 F.3d 19 (D.C. Cir. 2016), the United States Court of Appeals for the District of Columbia Circuit applied the “nerve center” test to ...
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Reminder to Maryland Businesses - Amended Statute Prohibiting Sex Discrimination Takes Effect October 1

Businesses that have employees in the State of Maryland should be aware of the amendments to a statute prohibiting sex discrimination that takes effect October 1. Although the statute in name ...
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DC Circuit Finds Confidentiality and Non-Disparagement Provisions in Mortgage Banker's Employment Agreement Violate NLRA

In Quicken Loans, Inc. v. N.L.R.B. , 2016 WL 4056091, No. 1231 (D.C. Cir. July 29, 2016), the United States Court of Appeals for the District of Columbia Circuit upheld a ruling by the National Labor ...
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SEC Weighs in on Confidentiality Provisions

In BlueLinx Holdings, Inc. , Administrative Proceeding File No. 3-17371, the United States Securities and Exchange Commission (“SEC”) reached a settlement with BlueLinx Holdings, Inc. ...
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NYSBA Article: "Is Social Media Changing the Way We Think of Trade Secrets . . . and How We Protect Them?"

Please click the link below to view a PDF of our latest article: NYSBA Article: “Is Social Media Changing the Way We Think of Trade Secrets. . . and How We Protect Them?” Bibliographical ...
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How Definite Must a Contract be to be Enforceable?

Companies often enter into contracts where they commit to negotiate in good faith at some future time over some future event. This often happens with teaming agreements among government contractors, ...
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Maryland Broadens Statute Prohibiting Discrimination in Compensation Based on Sex

Maryland recently amended its equal pay statute, Maryland Labor & Employment Code §§ 3-301 et seq. , by substantially broadening the protections it provides. The new provisions take ...
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