On May 21, 2012, the New Jersey Supreme Court ruled, in W.J.A. v. D.A., that a private party alleging defamation need not proffer evidence of actual damages to survive a motion for summary judgment and reach a jury. A-77-10, (N.J. May 21, 2012). The court concluded, however, that in the absence of proof of actual damages, the plaintiff is limited in recovery only to nominal damages (typically a trivial sum of money, such as $1.00, simply to recognize that a legal injury was sustained), and not compensatory or punitive damages.
“Wailing and Cussing and Screaming and Hollering”—A “Singular Incident” or a Hostile Work Environment?
The Eighth Circuit Court of Appeals recently rejected the sex discrimination, hostile work environment, constructive discharge, and retaliation claims that a graphic designer brought against her employer and two of her managers following a shouting match with her supervisor. According to the court, even though the supervisor physically prevented the…..
On December 18, 2015, the Consolidated Appropriations Act, 2016 (the Act) was signed into law. In addition to approving funding for a broad range of federal programs and agencies, the law also enacted a number of changes to the H–2B Temporary Non-Agricultural Workers Program that are likely to be welcomed by employers.
On December 2, 2016, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking to fast track the DOL’s appeal of a nationwide preliminary injunction that blocks the agency from implementing its revisions to overtime rules under the Fair Labor Standards Act (FLSA).