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Category: Labor and Employment

NY Attorney General’s Office Begins Campaign Against Scheduling Practices of Large Retailers

On April 16, 2015 by Schnader in Labor and Employment

By Scott J. Wenner In letters sent to 13 large retail chains on April 10, available here, the New York State Attorney General’s Office has questioned the lawfulness of a scheduling practice known as “on-call shifts,” and has requested wide-ranging information and documents.  In so doing, New York’s attorney general has […]

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En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position

On April 13, 2015 by Schnader in Labor and Employment

By Scott J. Wenner In May 2014, we reported on an opinion of a divided panel of the Court of Appeals for the Sixth Circuit embracing the position of the Equal Employment Opportunity Commission (EEOC) that virtual full-time telecommuting could be a reasonable accommodation under the Americans with Disabilities Act (ADA) […]

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SDNY Judge Refuses to Approve Overbroad Use of Social Media to Notify Members of Opt-in Class of Action

On March 31, 2015 by Schnader in Labor and Employment

By Scott J. Wenner As we reported here in December, Judge Nathan of the U.S. District Court for the Southern District of New York ruled that putative class representatives in an FLSA collective action could notify former Gawker interns of their opt-in rights via social media – subject to her approval […]

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NJ Supreme Court Backs Employer Defense in Supervisor Harassment Suits

On February 13, 2015 by Schnader in Labor and Employment

By Harris Neal Feldman The New Jersey Supreme Court recently ruled that an employer may assert an effective and enforced anti-harassment policy as an affirmative defense in cases brought against the employer alleging that a supervisor engaged in sexual harassment under the New Jersey Law Against Discrimination. Citing the long-standing U.S. […]

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