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Employees' social networking sites: what can an employer obtain?

Porzio Bromberg & Newman PC
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USA
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October 30 2012

Many states, including New Jersey, have been considering legislation that serves to prohibit employers from requiring prospective employees to disclose their social media identities and passwords as a condition of employment

Are all parent companies joint employers?

Porzio Bromberg & Newman PC
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USA
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July 31 2012

The mere existence of a parent company does not automatically mean that the company is subject to liability for the sins of a subsidiary under the Fair Labor Standards Act ("FLSA"

The Federal Arbitration Act v. the National Labor Relations Act: battle of the titans

Porzio Bromberg & Newman PC
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USA
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May 30 2012

Last year in AT&T Mobility LLC v. Concepcion, 563 U.S. ___, 131 S. Ct. 1740 (2011) the United States Supreme Court held that the Federal Arbitration Act ("FAA") prohibits a court from invalidating arbitration agreements that preclude plaintiffs from proceeding collectively as a class, through either judicial or arbitral forums

Adverse employment actions taken after termination can lead to liability under Title VII

Porzio Bromberg & Newman PC
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USA
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March 30 2012

In a recent opinion, the Fourth Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2 ("Title VII"), allows former employees to bring a claim against a former employer pursuant to this statute based, in part, on post-employment actions by the employer

Wal-Mart Stores, Inc. v. Betty Dukes et al. Court rejects historic 1.5 million member class action gender discrimination claim against Wal-Mart

Porzio Bromberg & Newman PC
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USA
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July 29 2011

Much has been made of the United States Supreme Court's ruling in the historic effort to bring a 1.5 million member class action suit alleging gender discrimination against the nation's biggest retailer

U.S. Supreme Court: oral complaints trigger FLSA's anti-retaliation provision

Porzio Bromberg & Newman PC
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USA
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April 30 2011

The United States Supreme Court recently decided a case addressing what constitutes a "complaint" that triggers the anti-retaliation protections of the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"

U.S. Supreme Court rules for employee in "Cat's Paw" case

Porzio Bromberg & Newman PC
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USA
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March 29 2011

The U.S. Supreme Court decided a case this month that we previewed in our October 2010 Employment Law Newsletter, regarding the application of the "Cat's Paw" theory to employment discrimination cases

Third Circuit: temporary depression is not a disability under the ADA

Porzio Bromberg & Newman PC
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USA
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December 31 2010

In Seibert v. Lutron Electronics, 2010 U.S. App. LEXIS 24201 (3rd Cir. Nov. 4, 2010), the United States Court of Appeals for the Third Circuit held that temporary bouts of depression induced by nonrecurring events do not constitute a disability under the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ("ADA"

NJ Supreme Court: statute of limitations re-starts with each disparate paycheck

Porzio Bromberg & Newman PC
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USA
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December 31 2010

In a significant decision that brings New Jersey law in line with federal law, the New Jersey Supreme Court recently held that if an employer engages in unlawful discrimination in the payment of wages, each wage payment constitutes a new violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. ("LAD"), re-starting the two-year statute of limitations

NLRB files complaint against employer for Facebook firing

Porzio Bromberg & Newman PC
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USA
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November 30 2010

The National Labor Relations Board ("NLRB") announced earlier this month that it filed a Complaint against an employer, American Medical Response of Connecticut, Inc. ("AMR"), for allegedly "terminating an employee who posted negative remarks about her supervisor on her personal Facebook page, ... illegally denying union representation to the employee during an investigatory interview, and maintaining and enforcing an overly broad blogging and internet posting policy."