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Employee estopped from ADA suit based on statements in her application for SSDI benefits

May 1st, 2019

By Brandi O. Brown, J.D.
It was not enough to contend that disability under the ADA and SSDI were different. Nor did she qualify her statement on her benefits application that she was totally disabled as of her last day of work.
A federal district court properly found that an employee was judicially estopped from bringing an [Read more...]

ADP’s restrictive covenant not a per se restraint on trade; let the blue-penciling begin

April 30th, 2019

By Lisa Milam, J.D.
ADP’s two-tiered restrictive covenants, which include a more onerous but strictly optional agreement for high-performing employees, were not per se unenforceable. However, a district court will need to strike the overbroad nonsolicitation terms.
A federal district court was unduly harsh in invalidating outright ADP’s two-tiered restrictive covenants for its sales associates—in particular, its [Read more...]

Agreement did not authorize class or collective arbitration; $10 million award vacated

April 30th, 2019

By Georgia D. Koutouzos, J.D.
Employee failed to show that under the present law, the parties’ arbitration agreement permitted the collective arbitration that had occurred.
A collective arbitration award favoring a former mortgage company employee and 175 similarly situated individuals on alleged wage and hour violations was improperly rendered in light of language in the parties’ arbitration [Read more...]

EEOC will begin collecting EEO-1 2018 pay data in mid-July

April 30th, 2019

By Pamela Wolf, J.D.
In compliance with a court order, the EEOC has posted a notice on its website that filers should prepare to submit 2018 pay data by September 30, 2019, with collection to begin in mid-July.
As required by the District of Columbia federal court, which vacated the Office of Management and Budget’s stay of the [Read more...]

Dismissal after three-year delay of employee’s ADEA claim for failure to prosecute was abuse of discretion

April 29th, 2019

By Kathleen Kapusta, J.D.
Without a doubt, the Third Circuit stated, cases should be decided on the merits barring substantial circumstances in support of the contrary outcome.
Vacating a district court’s dismissal of an employee’s ADEA suit based on a lack of prosecution—there had been no action for three years until the death of a key witness [Read more...]