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News, Events & Publications

Arbitration Agreements Prohibiting Class Actions in All Forums Ruled Unenforceable

Supreme Court Recognizes Exception to Discrimination Laws for Religious Employers

New Jersey Governor Signs Legislation Adopting the Uniform Trade Secrets Act

Resources

Connecticut Supreme Court Requires Party Seeking New Trial Because Of Discovery Misconduct To Show “Reasonable Probability” That Result At New Trial Would Be Different

Posted: Jeffrey A. Fritz | Topics: Litigation/Procedure

In Duart v. Department of Correction, the Connecticut Supreme Court held, in a 5-2 decision, that a party moving for a new trial based on discovery misconduct must demonstrate a “reasonable probability” that the result of a new trial would be different.

Date: January 16, 2012

New Jersey Governor Signs Legislation Adopting the Uniform Trade Secrets Act

Posted: Day Pitney | Topics: Trade Secrets

On January 9, New Jersey Gov. Chris Christie signed into law the New Jersey Uniform Trade Secrets Act (NJTSA), which is intended to afford greater protection for trade secrets in New Jersey. New Jersey, recognizing the significant damage that misappropriation of trade secrets poses to businesses in the state, now follows 46 of its fellow states and the District of Columbia, all of which have adopted, in whole or in part, the general uniform law. Employers need to take several steps to benefit from the protection provided by the NJTSA and to protect themselves from claims of misappropriation by competitors.

Date: January 13, 2012

Supreme Court Recognizes Exception to Discrimination Laws for Religious Employers

Posted: Day Pitney | Topics: EEOC; Employee Protections

On January 11, 2012, the Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, one of the most highly anticipated religious rights cases to reach the Supreme Court in decades. In its opinion, the Court recognized for the first time the "ministerial exception" and held that the Establishment and Free Exercise clauses of the First Amendment prevented a former "called" teacher in a Lutheran school from suing her employer for employment discrimination.

Date: January 12, 2012

Arbitration Agreements May Not Waive Employees’ Rights to Class Action Claims in All Forums

Posted: Patricia C. Morgan | Topics: NLRB

The National Labor Relation Board (NLRB) recently ruled that employers may not require that employees, as a condition of their employment, sign arbitration agreements waiving their ability to assert class-actions in any forum.

Date: January 11, 2012

NLRB Postpones Employee-Rights Notice-Posting Requirement

Posted: Day Pitney | Topics: NLRB

The National Labor Relations Board (NLRB) has postponed the effective date of its final rule requiring employers to notify employees of their rights under the National Labor Relations Act, until April 30, 2012. Starting on that date, the NLRB will require most private-sector employers to conspicuously post a notice in the workplace notifying employees of their labor rights.

Date: January 05, 2012

Second Circuit Finds No Fault for Fiduciaries in Stock-Drop Case

Posted: Frank A. Rubinetti | Topics: ERISA

The recent financial crisis has generated numerous claims against sponsors and fiduciaries of employee benefit plans that offer employer stock as an investment option. The Second Circuit Court of Appeals recently issued a favorable decision for sponsors and fiduciaries in the case of In re: Citigroup ERISA Litigation. The court held that the decision to offer employer stock in a 401(k) Plan will be given a presumption of prudence that may be overcome only by proving that the employer was in a “dire situation” that was objectively unforeseeable by the plan sponsor.

Date: December 30, 2011

OFCCP Proposes Rule Requiring Federal Contractors to Set Hiring Goal for Persons with Disabilities

Posted: Erika D. Cagney | Topics: Employee Protections

The Labor Department’s Office of Federal Contract Compliance Programs, on December 9, 2011, proposed a rule that would require federal contractors to establish a hiring goal of 7 percent of the employer’s workforce for persons with disabilities. The proposal represents a change from over forty years of OFCCP policy requiring contractors to make a “good faith effort” to recruit and hire people with disabilities. The rule would strengthen affirmative action requirements under Section 503 of the Rehabilitation Act, which requires federal contractors and subcontractors to provide equal employment opportunities for persons with disabilities.

Date: December 21, 2011

Second Circuit Takes Hard Line on ADA Statute of Limitations

Posted: Howard Fetner | Topics: ADA; EEOC

In a December 20, 2011 decision, the United States Court of Appeals for the Second Circuit held that a disability discrimination claim under the Americans with Disabilities Act must be brought within 90 days after a right-to-sue letter is first received either by the claimant or by the claimant’s attorney, whichever is earlier. The case is Lorrie A. Tiberio v. Allergy Asthma Immunology of Rochester.

Date: December 21, 2011

Wal-Mart v. Dukes Causes Connecticut Federal Court to Convert Plaintiff Class Into a “Hybrid” Class

Posted: Jaclyn K. Leung | Topics: Class Actions

Responding to the U.S. Supreme Court’s decision earlier this year in Wal-Mart Stores, Inc. v. Dukes, the United States District Court for the District of Connecticut recently converted a plaintiff class of female corrections officer job applicants into a “hybrid” class under Federal Rule of Civil Procedure 23(b)(2) (class-wide declaratory and injunctive relief) and (b)(3) (monetary and individualized injunctive relief). The case is Easterling v. Connecticut Dep’t of Corrections.

Date: December 19, 2011

NLRB Approves Limited Proposal to Speed Up Union Elections

Posted: Patrick J. McCarthy and Kevin J. Skelly | Topics: NLRB

On November 30, 2011, the National Labor Relations Board (“NLRB”) voted to adopt a limited proposal to overhaul the union election process by reducing the scope of pre-election hearings and consolidating the election appeal process.

Date: December 15, 2011

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