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Second Circuit Rules FLSA Claims Not Exempt From Mandatory Individual Arbitration

Second Circuit Rules Individual FLSA Claims Not Exempt From Mandatory Arbitration On December 12, 2017, the Second Circuit Court of Appeals ruled that individual claims under the Fair Labor Standards Act (“FLSA”) are subject to arbitration. The case is Rodriguez-Depena v. Parts Authority, Inc., et al., Case No. 16-3396. The plaintiff, Juan Rodriguez-Depena, had an employment contract …

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Partner Nelson Thomas Speaks to the Democrat & Chronicle About Sexual Harassment in the Workplace

The Me Too Movement and Sexual Harassment in the Workplace National attention has been focused on sexual harassment in the workplace as sexual misconduct allegations against many public figures have come to light as part of the “Me Too” movement. Partner Nelson Thomas spoke to the Democrat & Chronicle about tips on best workplace practices …

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United States Supreme Court Declines To Hear Sexual Orientation Bias Case

United States Supreme Court Declines to Hear Sexual Orientation Bias Case The U.S. Supreme Court has declined to hear a case in which it would have had to decide whether Title VII, a federal law protecting employees from workplace discrimination, bars discrimination on the basis of sexual orientation. The case, Evans v. Georgia Regional Hospital, …

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Worker Misclassification

Worker Misclassification Misclassification of workers, either as independent contractors or as exempt employees under the Fair Labor Standards Act (FLSA), is a serious problem in our country. Misclassification is so serious that the United States Department of Labor’s Wage and Hour Division is working with states and the IRS to address the problem. Oftentimes workers …

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Don’t Sign Away Your Claims: Severance Agreements and the False Claims Act

Don’t Sign Away Your Claims: Severance Agreements and the False Claims Act Employees who have knowledge of fraud against the government (such as Medicare/Medicaid fraud, defense contractor fraud, procurement fraud, mortgage fraud, grant fraud, or any other type of fraud against a federal or state entity), may have a claim under the False Claims Act. …

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