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Pay Discrimination and Ledbetter v. Goodyear Tire & Rubber Co., 2007 U.S. LEXIS 6295 (May 29, 2007)

An issue that has plagued the Supreme Court in the past is whether and in what circumstances a Title VII plaintiff may state a claim for relief based on present day harm suffered as the result of the lingering effects of discriminatory acts that occurred outside of Title VII’s limitation period...

Employer Retaliation: Supreme Court Sets Broader Retaliation Test in Burlington Northern v. White

Adopting a broader test for retaliation under Title VII than had previously existed in many federal judicial circuits, the Supreme Court of the United States in Burlington Northern v. White concluded that a plaintiff may establish retaliation under Title VII by demonstrating that his or her employer...

Family Responsibility Discrimination: New Type of Employee Discrimination

A growing phenomenon which involves employees suing employers for discriminating against them because of their caregiving responsibilities at home. The Equal Employment Opportunity Commission recently announced enforcement guidelines to address the growing problem of “family responsibility discrimination...

Increase in Use of Arbitration to Settle Labor and Employment Disputes

More practitioners are turning to arbitration to settle disputes. In addition, mandatory employment arbitration agreements have been the subject of much litigation and controversy. See May 15, 2007 law.com article, “9th Circuit Panel Faults O’Melveny and Myers for ’Take it or Leave...

Wages & Hours Litigation; Overtime Regulations; Class Action Litigation

Following what lawyers describe as a growing trend in class action overtime litigation, thousands of pharmaceutical representatives are suing eight major drug companies. These lawsuits are the latest in a series of class actions seeking overtime pay from U.S. businesses in recent years. See for example...