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Second Circuit confirms burden of proof in SOX whistleblower retaliation cases
- Epstein Becker Green
- -
- USA
- -
- March 7 2013
On March 5, 2013, the U.S. Second Circuit Court of Appeals clarified the burden-shifting framework applicable to whistleblower retaliation claims
New York's highest court upholds oral promise of guaranteed bonus
- Epstein Becker Green
- -
- USA
- -
- April 9 2012
The New York Court of Appeals recently upheld a jury verdict in favor of a brokerage firm employee who claimed that his employer breached an oral promise (and violated New York wage law) when it failed to pay him a guaranteed bonus of $175,000, to be paid at the end of his first year of employment
Law moving in right direction for "half-time" method of calculating damages in FLSA overtime cases
- Epstein Becker Green
- -
- USA
- -
- July 13 2011
The current prevalence of lawsuits for unpaid overtime compensation under the Fair Labor Standards Act (“FLSA”) by employees who claim they were misclassified by their current or former employer as “exempt” from overtime has been well-documented
FINRA Rules 13201 and 13802: Arbitrating statutory employment discrimination claims
- Epstein Becker Green
- -
- USA
- -
- May 1 2012
Once upon a time, it was mandatory under Form U4 that registered representatives file any statutory claims of discrimination (such as age, gender, or race discrimination) in arbitration rather than in court
Second Circuit finds individual arbitration agreement acts as Title VII class waiver
- Epstein Becker Green
- -
- USA
- -
- March 22 2013
The Second Circuit has given class action waivers another shot in the arm. In Parisi v. Goldman, Sachs & Co. (pdf), plaintiff argued that because she
Inflatable rat wins a battle, but the war is far from over
- Epstein Becker Green
- -
- USA
- -
- June 6 2011
The placement of a large, inflatable rat balloon at an employer’s facility, a sight familiar to many urban dwellers, was upheld in a recent 3-1 decision by the National Labor Relations Board, which found that a union that had stationed the rat near a hospital in Florida to protest work being performed by a non-union construction contractor at the facility did not violate the federal law against secondary boycotts in labor disputes
FINRA decision permits class action waivers
- Epstein Becker Green
- -
- USA
- -
- March 5 2013
Mandatory class action waivers may have received an important seal of approval as the result of a recent decision arising in the financial services
