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Store manager not entitled to discovery of information about potential class members in effort to satisfy predominance requirement of class action wage suit

April 27th, 2011

An assistant store manager of a HomeGoods store in New York was not entitled to discovery of information about the identities of other employees who may be similarly situated in his wage suit asserting the managers were misclassified as exempt employees (Jenkins v The TJX Companies, Inc and HomeGoods, Inc, April 25, 2011, Wall, W). [Read more...]

Alliances between men and women can close women’s leadership gap in the workplace, study finds

April 27th, 2011

It’s been the routine of many professional women for years: when dealing with subtle (but complicated) gender issues at work, turn to a female colleague or mentor for advice. But a new study released by the Center for Gender in Organizations (CGO) at the Simmons School of Management suggests that contrary to popular belief, the [Read more...]

No evidence that former employee disclosed confidential information; employer motion for restraining order denied

April 26th, 2011

An employer was not likely to succeed on the merits of his claim that a former employee breached a non-compete clause, ruled a federal district court, because the employer had no evidence that the former employee had disclosed, or was threatening to disclose, confidential information to her new employer (PolyOne Corp v Barnett, April 21, [Read more...]

OFCCP proposes VEVRAA regulatory revisions that would require numerical targets for veterans, additional data collection obligations

April 26th, 2011

The first major changes since 1976 to the regulations regarding federal contractors’ responsibilities with respect to affirmative action, recruitment, and placement of veterans will be proposed by the OFCCP in today’s Federal Register. In a Notice of Proposed Rulemaking to be published on Tuesday, April 26, the OFCCP proposes to revise its regulations implementing the [Read more...]

NLRB order requiring employer to restore prior CBA and bargain to valid impasse enforced

April 25th, 2011

The NLRB was granted enforcement of an order requiring that an employer restore a previous collective bargaining agreement and bargain until the parties reached a new agreement or reached a valid impasse (NLRB v Whitesell Corp, April 22, 2011, Shephard, B). Substantial evidence supported NLRB findings that the employer failed to negotiate to a valid [Read more...]