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    Uber and Lyft Drivers Bring Class Action against Companies’ Terminating Services in Austin

    Drivers for Uber Technologies Inc. and Lyft Inc. filed two proposed class actions in California on June 9, 2016, after the companies suddenly removed their services from Austin, Texas following new regulations. The two lawsuits stem from a public referendum, known as Proposition 1, which took place May 9 in Austin, which asked voters whether […]

    Protecting Your Trademark from “.sucks” and “.porn”

    Thousands of new generic top-level Internet domains (“gTLDs”) are opening up for registration. While many of these new gTLDs provide marketing opportunities for companies and other entities—for example, financial institutions soon will be able to purchase a “.bank” domain—some of these gTLDs open the door to brand tarnishment. Of major concern is the new “.sucks” […]

    Registration with ICANN’s Trademark Clearinghouse a Necessity for Securing a “.college” Domain during the Upcoming Sunrise Period

    The “.college” top-level Internet domain will soon be available to institutions of higher education (“IHEs”). IHEs with federally registered trademarks can take advantage of the upcoming “Sunrise Period” and secure their “.college” domain as soon as possible. The Sunrise period runs from March 17, 2015 to April 17, 2015. However, to register for a “.college” […]

    Financial Advisors Advance Their Cause for Overtime Pay

    According to Judge Frank Maas of the U.S. District Court for the Southern District of New York, the first step was taken in the settlement process between Merrill Lynch & Co. and over 500 field financial advisors.  Recently he granted preliminary approval for a $6.9 million settlement stemming from claims that the advisors were misclassified […]

    New Jersey Mandate: Employers Must Post and Distribute Gender Equity Notice

    In September 2012, New Jersey Governor Chris Christie signed legislation mandating employers to post and distribute a gender equity notice to be promulgated by the New Jersey Department of Labor and Workforce Development (“NJDLWD”).[1] Recently, the NJDLWD finalized the actual notice, entitled “Right to be Free of Gender Inequity or Bias in Pay, Compensation, Benefits […]

    Password Protection for Employees

    Along with the New Year comes new legislation. The prominent role of social media in our society has prompted some employers to require that employees and applicants provide user information and passwords to their social media accounts. However, the ability to make such demands will likely be limited in the future as states have begun […]

    New Whistleblower Incentives under the Dodd-Frank Act

    Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) has attempted to strengthen enforcement efforts by adding section 21F to the Securities Exchange Act of 1934.[1] The new section is entitled “Securities Whistleblower Incentives and Protections.”[2] In order to prevent the type of fraud that contributed to the financial crisis, the […]

    Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment

    Townsend v. Benjamin Enterprises, Inc., No. 09-0197 (2d Cir. May 9, 2012). Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), […]

    Fourth Circuit Holds Employee Was Not Disabled Under ADA Because Able to Work 40 Hours Per Week

    Boitnott v. Corning Incorporated, Case No. No. 10-1769 (4th Cir. February 10, 2012)  On February 10, 2012, the 4th U.S. Court of Appeals joined a majority of the other circuits who have ruled that an individual’s inability to work overtime hours is not a “substantial limitation” that would entitle him to the protections of the […]

    Second Circuit Rules on Class Action Waivers for a Third Time

    In Re American Express Merchants’ Litigation, No. 06-1871 (2d Cir. Feb. 1, 2012) In a case that has seen the U.S. Court of Appeals for the Second Circuit three times and the Supreme Court once, the Second Circuit held that a class action waiver in an arbitration agreement “must be considered on its own merits, […]