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  • Monthly Archives: August 2012

    Employment Litigation in Review #6 (The Summer 2012 Edition)

    U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt from Overtime Pay  Christopher v. Smithkline Beecham Corp., 567 U. S. ____ (2012). On June 18, 2012, the Supreme Court in a 5-4 decision resolved a conflict between the Second and Ninth Circuit Courts of Appeal where the two Circuits differed as to whether pharmaceutical sales […]

    Southern District Reaffirms New York State Rule That Non-Compete Covenants Are Unenforceable Against Employees Terminated Without Cause

    Arakelian v. Omnicare, Inc., 2010 U.S. Dist. LEXIS 84828 (S.D.N.Y. Aug. 18, 2010). In Arakelian v. Omnicare, Inc., the Southern District of New York reinforced a rule long followed by New York State courts when it held that an employee terminated without cause is not bound by non-competition and non-solicitation provisions of a restrictive covenant […]

    Judge Scheindlin Sends Federal Agencies a “Message” About Their E-Discovery Obligations Under the Freedom of Information Act

    Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency, 2012 U.S. Dist. LEXIS 97863 (S.D.N.Y. July 13, 2012). Shira A. Scheindlin, U.S.D.J. for the Southern District of New York, has issued a forty – nine page decision in Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency [1] […]

    Second Circuit Upholds New York’s Ban Against the Use of “Aversive Interventions”

    Bryant v. New York State Education Department, No. 10-4029-cv, — F.3d — (2d Cir. August 20, 2012). On August 20, 2012, the United States Court of Appeals for the Second Circuit issued a divided 2-1 decision in Bryant v. New York State Education Department, No. 10-4029-cv, — F.3d — (2d Cir. August 20, 2012), upholdingNew […]

    Second Circuit Determines Teacher Who Worked 1,247 is Eligible under the Family and Medical Leave Act

    Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir. August 10, 2012). In Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir. August 10, 2012), the Second Circuit Court of Appeals reminded employers that keeping accurate records of the hours worked by employees […]

    Second Circuit Determines that a Failure to Issue a Litigation Hold Notice is not Considered Gross Negligence Per Se

    Chin v. Port Authority of New York & New Jersey, — F.3d —, 2012 WL 2760776 (2d Cir. July 10, 2012) After a brief summer intermission, our E-Discovery blog is back under way with a recent Second Circuit decision from July 2012.  In Chin v. Port Authority of New York & New Jersey, — F.3d […]