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22Sep

THIRD CIRCUIT RULES AUTHORIZATION OF CLASS ARBITRATION SHOULD BE DECIDED BY COURTS

The Third Circuit ruled that courts, not arbitrators, should determine whether an arbitration agreement entered into by two parties allows for classwide arbitration.  The Third Circuit’s decision reversed the lower court’s ruling that the availability of class arbitration was a


19Sep

AMBIGUITY IN GOLDMAN SACHS’ BYLAWS CAUSES THIRD CIRCUIT TO VACATE RULING IN FAVOR OF EX-EMPLOYEE

Sergey Aleynikov, a former Vice President of Goldman Sachs, was convicted of trade secret theft in 2009 under federal law.  After serving one year in prison, his conviction was overturned.  Shortly thereafter, Aleynikov was again charged in New York State


11Sep

TRANE U.S., INC. AGREED TO PAY $55,000 TO NEW JERSEY WOMAN TO SETTLE DISCRIMINATION CASE

Charnelle Gilliard of Ewing, New Jersey began working for Trane, a subsidiary of Ingersoll Rand, in July 2010 as an assembler.  In May 2012, upon the advice of her prenatal physician, Gilliard stopped working.  She was approved for temporary disability


08Sep

NINTH CIRCUIT RULES THAT UNITED BEHAVIORAL HEALTH IMPROPERLY DENIED BENEFITS TO WELLS FARGO EMPLOYEE

On January 25, 2015, a Wells Fargo employee was hospitalized at Pacific Shores Hospital for severe depression, anorexia and pneumonia and was described to be “skeletal in appearance.”  The patient had been eating 200 calories per day, inducing vomiting and


29Aug

LEXISNEXIS SETTLES RETAIL THEFT DATABASE CLASS ACTION LAWSUIT FOR $2.38 MILLION

Lead plaintiffs, Keesha Goode and Victoria Goodman, brought a class action lawsuit against LexisNexis alleging that it had illegally distributed damaging information compiled in its Esteem database to current and prospective employers.   According to the suit, Goode was denied


28Aug

BOEING ALLEGED TO HAVE IMPLEMENTED AGE BIAS SCHEME

The Society of Professional Engineering Employees in Aerospace, the union which represents engineers and technical workers at Boeing, alleges that Boeing implemented a scheme to engage in age discrimination on a “breathtaking scale.”   Last month, the union filed a


19Aug

MORGAN STANLEY TO PAY $4.2 MILLION IN OVERTIME CLASS ACTION LAW SUIT

In June 2011, three client service associates in the wealth management division of Morgan Stanley filed a class action lawsuit in New York federal court on behalf of current and former client service associates.  Plaintiffs claimed that Morgan Stanley, one


15Aug

NLRB RULES THAT EMPLOYEES HAVE RIGHT TO SEEK ASSISTANCE FROM CO-WORKERS IN HARASSMENT CLAIMS UNDER THE NLRA

On Monday, the NLRB ruled that an employee of Fresh & Easy Neighborhood Market had the right to solicit assistance under the National Labor Relations Act from co-workers in support of her sexual harassment claim.  The employee in this case


12Aug

EX-INTERNS SUE GIORGIO ARMANI FOR WAGES

Ex-interns who worked at Giorgio Armani filed a class-action lawsuit in New York last week against their former employer.  The suit alleges that over 100 interns were misclassified as unpaid interns when they should have been paid minimum wage.  Lead


11Aug

CAPITAL ONE AGREES TO SETTLE MANAGERS’ OVERTIME CASE FOR $3 MILLION

Last Friday, a New York federal judge gave preliminary approval to a $3 million settlement of a lawsuit commenced by assistant branch managers against Capital One NA for unpaid overtime.   Assistant branch managers sued the bank in March 2014 alleging


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