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Category Archives: Employment Litigation

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LA Supreme Court Ruling a Sweet One for Insurer

Posted in Complex Torts, Employment Litigation

Recently, the Louisiana Supreme Court in Arceneaux et al. v. Amstar Corp. et. al, 2015-0588 (La. 9/7/16, 1) decided that, in long latency disease cases, an insurer’s payments of defense costs may be prorated when the insurer’s occurrence-based policy was effective only during part of the plaintiffs’ exposure years. Plaintiffs in Arceneaux alleged hearing loss… Continue Reading

Picture Worth More Than a Thousand Words to Plaintiff in Rhode Island Case

Posted in Employment Litigation

Arguably the two most significant challenges for any employer involve hiring and terminating employees. In both processes, employers are faced with substantive and administrative concerns.  On the substantive level, employers routinely ask themselves questions such as: Will the applicant be a good fit with office culture? Did the employee meet core competencies? Likewise—and perhaps more… Continue Reading

Noise-Induced Hearing Loss Claims Against Employers Fall On Deaf Ears

Posted in Employment Litigation, Premises Liability

Occupational Hearing Loss (OHL) is one of the most prevalent work-related illnesses in the United States with 22 million workers exposed to hazardous noise each year, according to the Centers for Disease Control. With approximately $242 million spent annually on workers’ compensation claims for disabilities arising from hearing loss, this number is set to increase… Continue Reading

The Massachusetts Wage Act: Increased Number of Claims Leads to Influx of Important Rulings

Posted in Employment Litigation, Massachusetts Courts

The Massachusetts Payment of Wages Statute (the “Wage Act”) has lately received a great deal of attention from Massachusetts trial and appellate courts.  Although the statute has been in place since 1993, Massachusetts employers have recently faced a marked increase in Wage Act claims, likely due to the availability of treble damages and attorneys fees.  Just in the past year, Massachusetts court… Continue Reading

California’s Long Awaited Brinker Decision on Meal and Rest Period Obligations

Posted in California Courts, Employment Litigation, Litigation Trends

  The California Supreme Court recently released its long awaited decision in the class action case Brinker v. Superior Court (Hohnbaum), S166350, in which a class of approximately 60,000 restaurant employees alleged their employer failed to provide meal and rest periods as required under California law. Class action litigation has increased exponentially in California, with meal… Continue Reading