United States: Take Your Pick: E.D.N.Y. Decision Offers Guidance For Plaintiffs And Defendants Alike On How To Handle "Picking Off" Attempts In FLSA Collective Actions

“Sometimes surrender is the best option.” That is how Judge Raymond J. Dearie of the Eastern District of New York begins his opinion in Anjum v. J.C. Penney Co., Inc., before denying J.C. Penney’s motion to dismiss a putative Fair Labor Standards Act (FLSA) collective action based on the company’s offer to pay the claims of four named plaintiffs with offers of judgment under Federal Rule of Civil Procedure 68—a strategy often referred to […]

By | November 7th, 2014 ||

United States: Raising The Stakes: National Labor Relations Board Expands Remedies For Labor Law Violations

The price of poker just went up for employers facing unfair labor practice charges before the National Labor Relations Board (NLRB, or Board). On October 24, 2014, the NLRB asserted that it had broad authority to order expanded remedial measures in response to acts the Board deemed to constitute “egregious and pervasive” violations of the National Labor Relations Act (NLRA, or the Act). The unprecedented remedies announced by the Board demonstrate that it is […]

By | November 6th, 2014 ||

United States: NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity

In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the neighborhood center, was not protected under the NLRA. During the course of their Facebook exchange, which included obscenity-laced statements regarding how they would “raise hell” at the center, the employees lost protection under the NLRA because of their threats of insubordination.

The […]

By | November 6th, 2014 ||