California Federal Court Rejects Tesla’s Request for TRO Alleging Trade Secret Theft

By Kirsten McCaw Grossman As competition for labor heats up, we have seen an uptick in the number of restrictive covenant enforcement actions, as well as interest by employers in pursuing suspected theft of confidential and proprietary information by employees that leave to join new employers.  However, the legal requirements to obtain temporary injunctive relief […]

United States Supreme Court to Examine “Salary Basis” Test for FLSA Exemption

By Jesse S. Grasty, Esq. This month, the United States Supreme Court announced that it will address whether an employee who earned over $200,000 per year via a daily rate, as opposed to a weekly salary, is still eligible for overtime pay under the Fair Labor Standards Act (“FLSA”).  Under the FLSA, employees must be […]

BRINGING COVID-19 FROM THE WORKPLACE TO THE HOME: CALIFORNIA SUPREME COURT TO WEIGH IN ON EMPLOYER’S OBLIGATIONS, IF ANY, TO SAFEGUARD THEIR EMPLOYEES’ HOUSEHOLD

By Iman A. Wells, Esq. On April 21, 2022, the Ninth Circuit issued an opinion, Kuciemba v. Victory Woodworks, Inc., certifying two important questions for the California Supreme Court.  Specifically, the Ninth Circuit has tasked the California Supreme Court to opine on: (1) whether California’s derivative injury doctrine bars a spouse’s claim against an employer, […]

Line in the Sand: District Court Untangles Boundaries of Legal Advice, Attorneys’ Role in Employee’s Termination Decision

by Erica M. Clifford, Esq. The District Court of New Jersey recently weighed in on a thorny discovery dispute, deciding whether written communications exchanged with County Counsel and outside litigation counsel could be subject to discovery in a litigation despite the assertion of attorney/client privilege. In Graham v. Monmouth County Buildings and Grounds, Magistrate Judge […]

Following Congress Passing Bipartisan Arbitration Limitation, New Jersey Appellate Division Rules that NJLAD Prohibition on Arbitration is Preempted by the FAA

By Lindsey Andreozzi, Esq. This month brought significant changes for employment arbitration, as both Congress and the New Jersey Appellate Division took significant actions that could disrupt the common practice of arbitration in the employment arena. On February 10, 2022, both houses of Congress approved a bill entitled Ending Forced Arbitration of Sexual Assault and […]

The New York Division of Human Rights Announces It Will Discontinue Private Settlements

By Jean Schroll, Esq. On October 1, 2021, the New York State Division of Human Rights (the “Division”) announced that, for all complaints filed on or after October 12, 2021, it will no longer issue Commissioner’s Orders discontinuing complaints after private settlement.  This is a significant change because, as the Division notes, “nearly half of […]

Third Circuit Holds “Comparable” Paid Leave Available to Servicemembers As A Right And Benefit Pursuant to USERRA

By Kristine Ryan, Esq. The Uniform Services Employment and Reemployment Rights Act of 1994 (“USERRA”), one of several statutes benefitting veterans, prohibits civilian employers from discriminating against employees because of their military status.  USERRA does not require an employer to offer paid military leave of absence.  However, in a recent precedential decision, the Third Circuit […]

What is Garden Variety Emotional Distress Anyway? Understanding When a Plaintiff Places His or Her Physical or Mental Health at Issue in the Context of an Employment Litigation.

By Kegan Andeskie, Esq. It is generally accepted that a plaintiff who files a lawsuit places his or her mental and physical health in controversy by claiming emotional distress or physical damages, but at what point can a court require that litigant to produce or authorize the release of otherwise confidential medical records, or submit […]