In Harriel v. Wal-Mart Stores, Inc., No. 11-2510 (MLC), 2012 U.S. Dist. LEXIS 97527, (D.N.J. July 13, 2012), the District Court of New Jersey denied the plaintiff’s motion for conditional certification as an FLSA collective action because the plaintiff failed to meet his burden of demonstrating that he and other members of the putative class of overnight assistant managers were similarly situated. The existence of a uniform job description for the position, paired with superficial allegations that the plaintiff was required to perform many non-exempt duties, were insufficient to meet the similarly situated requirement, because the plaintiff failed to present any evidence that other assistant managers were likewise required to primarily perform non-exempt duties.
Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a teacher who claimed that she was fired while on disability leave as a result of a computer error. The
In a long-awaited decision, the Texas Supreme Court today drastically altered the landscape for the enforcement of covenants not to compete. In Alex Sheshunoff Management Services, L.P. v. Kenneth Johnson and Strunk & Associates, L.P., the Court modified its earlier holding in Light v. Centel Cellular Co., so that a unilateral contract can support a covenant not to compete.
The Office of Federal Contract Compliance Programs (OFCCP) recently announced a significant monetary settlement of a complaint alleging hiring discrimination by a federal contractor. In this complaint, the agency alleged that the contractor favored Asian applicants over African-American, Hispanic, and white candidates. In order to settle the case, the contractor…..