What is Equitable Relief and Why should Employers care?

The concept of equitable relief comes from English common law and is an award of a nonmonetary judgment when monetary damages are not suitable to resolve the harm.[1] Thus, a party in a lawsuit can ask the judge for an award of equitable relief if the party believes monetary damages would not compensate it for […]

Why Mock Trials Are Important

By Raquel H. Crump Many lawyers, while litigators, rarely see the inside of a courtroom. For the few cases that do proceed through trial, preparation is key. Mock trials allow counsel to prepare their best case and receive additional viewpoints that they may not have considered or been aware of. Mock trials unlock the strengths […]

Supreme Court Empowers Employer Arbitration Agreements

The Federal Arbitration Act of 1925 (FAA) and the National Labor Relations Act of 1935 (NLRA) are decades-old statutes, each playing a major role in the relationship between employers and employees. The FAA broadly encourages private dispute resolution through arbitration, while the NLRA protects employees (not just union members) who engage in “concerted activities” for […]

Read ELS’ Practical Guidance on Discovery in Employment Litigation

ELS Partners, Jamala McFadden and Chandra Davis, and ELS attorney, Raquel Crump, had the pleasure of authoring a Lexis Practice Advisor Practice Note concerning Discovery in Employment Discrimination Litigation: What Defendants Can Request and Obtain from Plaintiffs. The practice note provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits. […]

EEOC’s Year-End Surge Shows Focus On Disability Cases

Law360, New York (October 20, 2017, 8:22 PM EDT) — The U.S. Equal Employment Opportunity Commission recently closed out its fiscal year with a bang, filing a wave of lawsuits against companies like Lowe’s and Whole Foods that placed a strong emphasis on disability discrimination, and settling existing cases against convenience store giant Allsup’s and […]

9th Circuit Rules Employers Can Pay Women Less Based on Past Salaries

SAN FRANCISCO (AP) — Employers can legally pay women less than men for the same work based on differences in the workers’ previous salaries, a federal appeals court ruled Thursday. The decision by the 9th U.S. Circuit Court of Appeals overturned a lower-court ruling that said pay differences based exclusively on prior salaries were discriminatory […]

Employment Cases To Watch In 2017

Law360, New York (January 2, 2017, 1:03 PM EST) — The next year is poised to be a tumultuous one in employment law and not just because of the transition to the Trump administration. While the regulatory pendulum is widely expected to swing back toward the management side after eight years of labor-friendly policy, several […]

21 States Challenging Department of Labor Overtime Rule

On September 20, 2016, 21 states – Alabama, Arizona, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, New Mexico, Ohio, Oklahoma, South Carolina, Texas, Utah, and Wisconsin – filed suit against the United States federal government, specifically the Department of Labor, challenging its new rule of overtime exemption.[1]  The group of […]

9th Circuit Denies Ernst & Young Class Arbitration Waiver

On August 22, 2016, the Ninth Circuit decided that provisions in contracts barring employees from seeking class action litigation against employers over hours, wages and employment terms and conditions violate the National Labor Relations Act (NLRA).[1]  According to the complaint, the employees were forced to sign a “concerted action waiver” where they were required to […]

Litigate or Settle?

FedEx recently made headlines for their involvement in a lawsuit against their workers for misclassifying them as independent contractors as opposed to employees. After acquiring litigation fees that skyrocketed well into multiple millions of dollars due to battling these allegations in court for the past several years, the company settled the case for 240 million […]