Samantha Shear

Samantha Shear is an associate in the New Orleans office and a member of the Labor and Employment Department. Samantha graduated cum laude from Tulane Law School where she spent two years as a member of the Judge John R. Brown moot court team. She served as coach of the moot court team one year, leading her team to win multiple awards for excellence in oral advocacy.

Firm/Organization: Proskauer Rose LLP

Blogs: Labor Relations Update, Law and the Workplace, Proskauer on Class and Collective Actions, Proskauer Whistleblower Defense

Latest Articles

Labor Relations Update

Unpaid Interns are Not Statutory Employees, NLRB Concludes

By Mark Theodore, Joshua Fox & Samantha Shear

November 14, 2019

The National Labor Relations Board recently held that a group of employees who were advocating on behalf of unpaid interns were not engaged in protected activity because the interns were not “employees” as that term is defined in Section 2(3) of the National Labor Relations Act. In so doing, the Board reaffirmed its longstanding precedent that individuals who do not receive or anticipate economic compensation are not statutory employees. The Board also rejected the application…

Proskauer on Class and Collective Actions

Northern District of New York Denies Class Certification and Decertifies Collective, Confirming Common Answers Not Common Questions Are Required

By Samantha Shear & Nicole Eichberger

May 3, 2019

On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ. P. 23 and failed to sustain their burden that they were similarly situated to continue as a FLSA collective with respect to their misclassification claims under state and federal law. Jan P. Holick Jr., et al. v. Cellular Sales of New York, LLC, Case No.…

Proskauer Whistleblower Defense

Alabama Federal Court Denies Motion for Summary Judgement on SOX Whistleblower Claim

By Steven J. Pearlman, Pinchos Goldberg & Samantha Shear

May 2, 2019

On April 2, 2019, the U.S. District Court for the Northern District of Alabama denied a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, finding genuine issues of material fact existed as to the basis for Plaintiff’s discharge, whether his complaint qualified as protected activity, and whether he had a reasonable belief that the complained-of activity was unlawful. Shea v. Kohl’s Dept. Stores, Inc., No. 16-cv-01155. Background Defendant, a retailer, employed…

Law and the Workplace

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

By Evandro Gigante, Samantha Shear & Nayirie K. Mehdikhani

March 8, 2019

The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age Discrimination in Employment Act (ADEA) when, in an effort to keep the retirement system solvent, it required employees with 30 years of service or more to contribute an additional 3 percent of their pay to the pension system.…

Samantha Shear

Unpaid Interns are Not Statutory Employees, NLRB Concludes

Northern District of New York Denies Class Certification and Decertifies Collective, Confirming Common Answers Not Common Questions Are Required

Alabama Federal Court Denies Motion for Summary Judgement on SOX Whistleblower Claim

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

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