United States: NJ Supreme Court Limits Employer Vicarious Liability In Harassment Cases; Expands Definition Of Supervisor Under NJLAD

After more than 15 years, New Jersey employers finally have a response to the previously unanswered question of whether the affirmative defense established by the United States Supreme Court for harassment cases under Title VII in Burlington Industries v. Ellerth and Faragher v. City of Boca Raton is applicable to the New Jersey Law Against Discrimination (NJLAD).

In Aguas v. State of New Jersey, decided on February 11, 2015, the New Jersey Supreme Court answered […]

By | February 27th, 2015 ||

UK: ONS Announce That 1.8 Million Workers Have Zero Hours Contracts

The Office of National Statistics has found that 1.8 million workers were employed by UK companies using zero hours contracts last summer; with additional data showing that nearly 700,000 employees had zero hours contracts between October-December 2014. This amounts to 2.3% of the UK workforce.

A zero hours contract is traditionally used for casual working, it does not guarantee the worker with work and pays a worker only for the work that they have actually […]

By | February 27th, 2015 ||

United States: Skadden Case On Lawyer Overtime/Exempt Status Argued Before Second Circuit

I have been following this protracted saga for some time and there is another chapter now being written.  The law firm of Skadden Arps is being sued in a Fair Labor Standards Act collective action by lawyers claiming they were not doing legal work because all they did was document review.  In argument before the Second Circuit Court of Appeals, the firm argued that the theory that document review work was not “practicing law” […]

By | February 27th, 2015 ||