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Bajeerah LaCava
Title VII Limitations Period Arguments Held Before U.S. Supreme Court

WASHINGTON, D.C. — The clock starts ticking in cases brought under Title VII of the Civil Rights Act of 1964 “when the cause of action is complete,” meaning that “a constructive discharge claim is complete only after the employee...

Eric Meyer
Four Ways to Prevent Systemic Discrimination in Your Workplace, Before an EEOC Charge

A week or so ago, Robin Shea had a great post at the Employment and Labor Insider in which she listed ten of the hottest litigation trends at the EEOC. You’ll find some obvious ones (ADA accommodations, retaliation), and maybe one or two that may...

Jon Hyman
An Injury Without an Injury — Part 2? #SCOTUS and Collective Wage/Hour Violations

Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo , a case that will go...

David S. Rich
Federal Appellate Court in New York Rules That Denying or Reducing Employee’s Discretionary Bonus May Be Unlawful Discrimination

On October 19, 2015, in Davis v. New York City Department of Education , No. 14-1034-cv, 2015 U.S. App. LEXIS 18115 (2d Cir. Oct. 19, 2015), the U.S. Court of Appeals for the Second Circuit held that “the denial or reduction of a discretionary bonus...

Philip Miles
Are No Re-Hire and No Re-Apply Clauses Unlawful?

I attended the ABA Labor and Employment Law Conference this past weekend. It was my first time, but it will not be my last. It was a great conference! I learned a lot, but one particular issue stuck out for me: Are "no re-hire" and "no...

Bajeerah LaCava
U.S. Supreme Court Hears Oral Arguments in Donning, Doffing Appeal

WASHINGTON, D.C. — (Mealey’s) A class action is appropriate only when classwide injury may be determined in a single stroke, the attorney representing Tyson Foods Inc. in a donning and doffing dispute argued this morning before the U.S. Supreme...