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The Recorder

California Supreme Court Shields PAGA Claims From 'Manageability' Dismissals

The unanimous court said judges have no inherent authority to strike Private Attorneys General Act claims for being too unwieldy.
4 minute read

Law.com

Law Firm's Attempts to Disqualify Former Employee From Unemployment Benefits Shot Down by State Appeals Court

An appeals court found a law firm's arguments that an employee "created a disgusting and unprofessional view of the law firm" moot after missing rehearing.
5 minute read

Law.com

Attorneys Seek to Avoid Sanctions for Misinterpreting Critical Facts in Amended Complaint

Attorneys representing a woman in an employment discrimination action against Norfolk State University asserted that sanctions are not warranted due to "a miscommunication between Plaintiff and her counsel."
5 minute read

Corporate Counsel

Did California Defeat the Non-Compete?

What employers may not realize is that if the Courts uphold the recent California laws, then California has the ability to invalidate any non-compete agreement that an employer signs with an employee.
6 minute read

New Jersey Law Journal

Are Nondisparagement Agreements Enforceable Under the NJLAD? NJ Supreme Court Hears Oral Arguments

"Shouldn't we look at the language, instead of the labels that are attached?" Chief Justice Stuart Rabner asked. "And the language says ... you cannot have a provision in a settlement agreement that has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation or harassment. That is against public policy. That is unenforceable."
7 minute read

New York Law Journal

Slow Pace of Retaliation Trial Could Lead to 'Impossible Situation', Says Lawyer for Davis Polk

Paul, Weiss, Rifkind, Wharton & Garrison partner Bruce Birenboim, who is representing Davis Polk & Wardwell in a retaliation lawsuit, on Tuesday raised concerns that the plaintiff's use of time could lead to "an impossible situation for the court" and potential appellate issues.
3 minute read

New Jersey Law Journal

Wake-Up Call: New Jersey Is Cracking Down on Worker Misclassification

"Because of the fact that they got away with it for so long, there was a little bit of false bravado," said Kathleen M. Connelly of Lindabury, McCormick, Estabrook & Cooper in Westfield, who provides representation and counseling to employers.
6 minute read

New York Law Journal

'Increasingly Difficult': In Davis Polk Retaliation Trial Ex-M&A Leader Talks About Guiding Plaintiff

During the first week of testimony in the trial, which began Jan. 8, a series of current and former Davis Polk professional development employees introduced jurors to the concept of a "time to go" conversation, in which associates are told they need to find a new job but are not fired on the spot.
3 minute read

New Jersey Law Journal

'Blatant Pretext': Class Action Claims Amazon Fired Employees for Taking FMLA Leave

"Defendant Amazon has repeatedly terminated employees for taking time off while on approved medical leave despite the employees receiving notification from defendant Amazon that they had time remaining for their approved medical leave," the complaint said.
3 minute read

New York Law Journal

What's New in Labor and Employment Law? A Lot!

Sheryl B. Galler, chair of the Labor and Employment Law Section, writes: We expect another busy year in 2024 as the law grapples with the effects of AI on the workplace and renewed debates over who is an employee and whether to limit post-employment restrictions.
3 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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