Establishing the judicial estoppel defense against a bankrupt plaintiff will be harder in the Eleventh Circuit following Smith v. Haynes & Haynes P.C., 940 F.3d 635 (11th Cir. 2019).
Judicial estoppel is a legal defense used for early dismissal of
Litigators at Work
J-LAW: Providing insight on employment litigation issues and trends that affect how employers do business
Litigators at Work, published by Jackson Lewis P.C., focuses on employment law litigation and related workplace legal issues. The blog covers topics such as sexual harassment laws, whistleblower protections, discrimination claims including those based on gender identity, arbitration agreements enforcement, and compliance with evolving state and federal employment regulations. It also addresses practical employer concerns like workplace investigations, disability and leave management, wage and hour compliance, and employee rights under various statutes. The content is aimed at attorneys and HR professionals seeking updates and analysis on litigation trends, regulatory changes, and best practices in employment law.
Latest from Litigators at Work - Page 7
No Magic Words Needed in Employee Requests for Leave That Might Be Protected By FMLA
A terminated employee may proceed with his Family Medical Leave Act (FMLA) retaliation claim even though he never specifically requested leave under that statute, a Maine federal court has ruled. Waterman v. Paul G. White Interior Solutions, No. 2:19-cv-00032-JDL…
Four Ways of Avoiding Liability on Common Wage and Hour Compliance Issues
Wage and hour lawsuits are big news these days. Jury verdicts and settlements capture headlines warning of damages and fees totaling seven or more figures, and class certifications in pending cases exponentially expand the risk posed by a single miscalculation…
Employers Must Ensure Their Leave Administrators Understand Who Is Entitled to FMLA Leave
Employers must ensure they understand who is entitled to leave under the Family and Medical Leave Act (FMLA). In a recent decision, a federal court has ordered a plaintiff’s claims to proceed to a jury trial to determine whether the…
Can Cross-Generational Viral Internet Phrases in the Workplace Create Unlawful Age Discrimination?
“OK Boomer” is having a moment on the internet, appearing often in viral jokes and memes. It is widely considered an all-purpose retort by the younger generations of Millennials and Gen Z’ers to dismiss thoughts and ideas they view as…
Court Orders Government to Turn Over Statements from Non-Testifying Informants
The U.S. District Court for the Eastern District of New York recently rejected the government’s argument that statements from non-testifying witnesses collected during a wage and hour investigation were protected under the government-informant privilege. Secretary of Labor v. Yianna Food…
Jury Finds Against Female Physician’s Unequal Pay Claims
A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation formula. Bertroche v.…
Importance of Properly Documenting Workplace Investigations
A recent decision from the U.S. Court of Appeals for the Sixth Circuit upholding termination of a state trooper for “hitting on” female drivers during traffic stops and breaching his Last Chance Agreement highlights the importance for employers to document…
“Me Too” Evidence in a #MeToo World
Before “#MeToo” became a movement, it was a well-known, damaging type of evidence to employers litigating discrimination claims. “Me too” in the employment litigation context refers to evidence that employees other than the plaintiff also were also discriminated against. Employers…
New Jersey Prohibits Enforcement of Non-Disclosure Provisions in Settlement Agreements, Other Contracts
A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and employment contracts, and prohibits the waiver of substantive and procedural rights under the statute. The amendment applies to all contracts…