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Results:1-10 of 130

Auto Dealership Service Advisors Are Exempt From Federal Overtime Requirements
  • Proskauer Rose LLP
  • USA
  • May 14 2018

An amendment to the Fair Labor Standards Act ("FLSA") exempts from its overtime requirements "any salesman, partsman, or mechanic primarily engaged in


Trial Court Abused Its Discretion In Refusing To Compel Employer To Produce Data Sought By EEOC
  • Proskauer Rose LLP
  • USA
  • July 10 2017

Damiana Ochoa filed a charge with the EEOC alleging sex discrimination (based on pregnancy) in violation of Title VII, when, after she tried to return


Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged
  • Proskauer Rose LLP
  • USA
  • June 1 2017

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the


SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands
  • Proskauer Rose LLP
  • USA
  • May 17 2017

The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to be


17 Year Old Ruling In Representation Case Can Preclude New Claim For Employees, Divided NLRB Rules
  • Proskauer Rose LLP
  • USA
  • April 13 2017

Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units


Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication
  • Proskauer Rose LLP
  • USA
  • December 1 2016

Last week, the U.S. Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Circuits in upholding the


Federal Circuit Turns up the Heat on PTAB on Motions to Amend
  • Proskauer Rose LLP
  • USA
  • November 11 2016

The U.S. Court of Appeals for the Federal Circuit is increasingly scrutinizing the handling of Motions to Amend in Inter Partes Review (IPR)


Second Circuit Addresses ERISA Plan Participation in Securities Lawsuit Settlements
  • Proskauer Rose LLP
  • USA
  • November 1 2016

In many class action securities litigations, the company's own pension plans are significant shareholders, by virtue of the plans' investment in


Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions
  • Proskauer Rose LLP
  • USA
  • October 10 2016

On October 4, 2016, the Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is


Don’t Pick Me Off: Are Pre-Certification Claims Mooted By Deposited Full Settlement Offers?
  • Proskauer Rose LLP
  • USA
  • August 22 2016

On January 20, 2016, the Supreme Court held in Campbell-Ewald v. Gomez, 136 S. Ct. 663, 672, 193 L. Ed. 2d 571 (2016) that an unaccepted