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Sills Cummis & Gross PC

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Parents and subsidiaries: not necessarily joint employers

USA - July 26 2012 The Court of Appeals for the Third Circuit recently issued an important decision relating to joint employer status under the Fair Labor Standards Act (“FLSA”) in the context of a holding company providing shared services to its subsidiaries

Proving causation in a retaliation claim in the Second Circuit decisionmaker need not have knowledge of an individual’s protected conduct or be acting upon orders of someone with knowledge

USA - September 8 2010 On August 4, 2010, the United States Court of Appeals for the Second Circuit considered in the context of a challenge to a jury charge, whether an individual asserting a retaliation claim could still establish the causation element where the party imposing the adverse employment action neither knew that the plaintiff engaged in protected conduct nor necessarily acted, explicitly or implicitly, upon the orders of a superior who did have knowledge of the plaintiff’s conduct

The Faragher-Ellerth defense: inapplicable to harassment and retaliation claims under the New York City Human Rights Law

USA - May 20 2010 On May 6, 2010, the New York Court of Appeals held that the affirmative defense created by the Supreme Court in Faragher v City of Boca Raton and Burlington Industries, Inc v Ellerth (the "Faragher-Ellerth defense") does not apply to sexual harassment and retaliation claims under the New York City Human Rights Law (NYCHRL

New Jersey’s appellate division: failure to prove emotional distress damages and failure to prove intentional infliction of emotional distress does not necessarily foreclose punitive damages under the New Jersey law against discrimination

USA - February 28 2011 Employees bringing suit for discrimination under the New Jersey Law Against Discrimination (LAD) frequently bring a common law claim for intentional infl iction of emotional distress

Product liability claims against generics after Pliva v. Mensing: do any claims survive?

USA - January 25 2012 Following the U.S. Supreme Court’s seminal decision in Pliva v. Mensing, 131 S. Ct. 2567 (2011), do any product liability claims against generic manufacturers survive?

Battle lines drawn over labeling of GMO foods and “all natural” claims

USA - February 4 2014 Whether to require labeling of geneti- cally modified organisms (GMOs) is a hot issue in the ongoing debate about the risks and benefits of food

New pregnancy accommodation law enacted in New Jersey

USA - January 28 2014 On January 21, 2014, Governor Chris Christie signed into law, effective immediately, a bill that amends the New Jersey Law Against Discrimination

Legislature sends bill extending remedial investigation deadline to governor

USA - January 14 2014 The Assembly and the Senate passed a bill today extending the deadline for remedial investigation of contaminated sites to May 7, 2016 before the New

Legislature approves bill extending water quality management planning rules

USA - January 14 2014 Both the Assembly and the Senate passed a bill today which would avoid the withdrawal of many wastewater and sewer service areas (SSAs). Under this

Notices for the new year and good news for employers: update on wage and hour class actions

USA - December 19 2013 With the holiday season upon us, employers should be careful not to lose sight of important notice, posting and distribution